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Consumer rights

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham

i have got to send ANOTHER HTC phone back to be fixed as the screen has just decided not to work

i made a comment on the HTC facebook page cos i was wound up saying that they were not making a fan of me.

A droider poster (which may be just an automated reply app or something) basically said its to be expected in this type of phone and that smasung/apple etc al have the same and if i have a complaint i should use consumer law.

to my knowledge, consumer law states an tem should be fit for purpose for a reasonable length of time. as most phone contracts are for 24 months i believe it is resonable that a high end phone lasts that long at least, right?

the message i got back from another poster was basically, it happens, deal with it, if you dont want to get anothr HTC after your contract move to anohter...they will have customers moving to them from other companies for the same reason!

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By *ub bbwWoman
over a year ago

oldbury

i had a similar problem with an lg touch screen phone a few years back i got through 8 handsets in about 6 weeks as they all just stopped working i contacted my mobile phone company and asked if we could try a different model they sent me a nokia touch screen instead that lasted about 3 months then went bang one day while charging that was then replaced and then i moved ot iphone and had one for nearly 2 years no problems so my adivce is contact mobile network provider and ask for another handset of a different make maybe thye should be able to see you have had lots of problems and replace it with another brand just qote trading standards to them they will do something

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By (user no longer on site)
over a year ago

If you are on a contract with HTC, surely you can go to the phone shop where you signed up and get a new phone........ Or call them up and tell them that as the phone isn't working you will not be paying the bill.........

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham


"If you are on a contract with HTC, surely you can go to the phone shop where you signed up and get a new phone........ Or call them up and tell them that as the phone isn't working you will not be paying the bill........."

HTC dont have shops so cant just go in there.

Your line rental and call charges are with the provider, after 6 months they relinquish all responsibility of the phone and you are at the mercy of the maufacturer.

Because my phone is older than 6 months the compnay i took the contract out with (phones 4 u) are uder no obligation to provide a new handset....it was borderline when they swapped my desire for the sensation lol

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By *adystephanieTV/TS
over a year ago

glos

I have the htc desire and it has a 2 year manufacturers warranty so if its less than 2 yrs old htc should fix it

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By (user no longer on site)
over a year ago

I have my HTC Desire S for nearly a year with no issues.

Perhaps I am lucky.

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By *oole2010Couple
over a year ago

southampto

phone consumer direct they will tell you exactly what to do,you will probably find you are covered under the supply of goods and services act 1982,im having the same trouble with vodafone at the mo.

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By *oole2010Couple
over a year ago

southampto


"If you are on a contract with HTC, surely you can go to the phone shop where you signed up and get a new phone........ Or call them up and tell them that as the phone isn't working you will not be paying the bill.........

HTC dont have shops so cant just go in there.

Your line rental and call charges are with the provider, after 6 months they relinquish all responsibility of the phone and you are at the mercy of the maufacturer.

Because my phone is older than 6 months the compnay i took the contract out with (phones 4 u) are uder no obligation to provide a new handset....it was borderline when they swapped my desire for the sensation lol"

im suprised at that as they sold the phone to you you should be covered for 12 months with them as they are the agent for the phone company?

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham

the bit that got me is the fact that they seemed to say 'who cares' if i take my busness away

dont get me wrong, i know i am no one in the grand scheme of things but is this really the message a brand like HTC wants to gve out?

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham


"If you are on a contract with HTC, surely you can go to the phone shop where you signed up and get a new phone........ Or call them up and tell them that as the phone isn't working you will not be paying the bill.........

HTC dont have shops so cant just go in there.

Your line rental and call charges are with the provider, after 6 months they relinquish all responsibility of the phone and you are at the mercy of the maufacturer.

Because my phone is older than 6 months the compnay i took the contract out with (phones 4 u) are uder no obligation to provide a new handset....it was borderline when they swapped my desire for the sensation lol

im suprised at that as they sold the phone to you you should be covered for 12 months with them as they are the agent for the phone company?"

when i sent back my original phone it was 6 months after taking out the contract and i only got a swap because the phone was not fit for purpose and there is a time limit on this.

they dont actually 'sell' you the phone, it comes as part of the deal but you can use the good they sell you on any phone. you dont stop paying your bill if you dont use the phone they sold you he contract wth x

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By *oole2010Couple
over a year ago

southampto


"If you are on a contract with HTC, surely you can go to the phone shop where you signed up and get a new phone........ Or call them up and tell them that as the phone isn't working you will not be paying the bill.........

HTC dont have shops so cant just go in there.

Your line rental and call charges are with the provider, after 6 months they relinquish all responsibility of the phone and you are at the mercy of the maufacturer.

Because my phone is older than 6 months the compnay i took the contract out with (phones 4 u) are uder no obligation to provide a new handset....it was borderline when they swapped my desire for the sensation lol

im suprised at that as they sold the phone to you you should be covered for 12 months with them as they are the agent for the phone company?

when i sent back my original phone it was 6 months after taking out the contract and i only got a swap because the phone was not fit for purpose and there is a time limit on this.

they dont actually 'sell' you the phone, it comes as part of the deal but you can use the good they sell you on any phone. you dont stop paying your bill if you dont use the phone they sold you he contract wth x"

like i said in earlier post, im having same trouble with vodafone, got a new blackberry in august they gave me new one in march, as it was new you should get the full warranty start again as new phone but thats what consumer direct tell me, so have to write to vodafone stating the act phone consumer direct it will be worth your while.

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By (user no longer on site)
over a year ago


"

HTC dont have shops so cant just go in there.

Because my phone is older than 6 months the compnay i took the contract out with (phones 4 u) are uder no obligation to provide a new handset....it was borderline when they swapped my desire for the sensation lol"

your contract is actually with Phones4u and they have to honour your warranty if the phone becomes faulty. If they don't replace the handset then they must repair the phone within a reasonable amount of time.

Take the phone back to the phones4u store and see what they say regarding swapping the handset or let them repair it. They should give you a temp handset while they have yours.

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By (user no longer on site)
over a year ago


"the bit that got me is the fact that they seemed to say 'who cares' if i take my busness away

dont get me wrong, i know i am no one in the grand scheme of things but is this really the message a brand like HTC wants to gve out?"

Unfortunately I think there's a lot of companies that have the same attitude these days. They only build things to last a short while so that we have to keep going back and buying new ones.

Was it really HTC the company that made the comment, or just an internet troll with nothing better to do than irritate people?

I have complained to companies before and they have said they don't even have a complaints department so I can't complain...??!!! (Where's the 'I want to rip someone's head off' smiley when I need it?!)

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By *umourCouple
over a year ago

Rushden

I have a Desire HD and it has been good, except for one thing! When you let go of it with both hands, it falls to the floor! (done three times!) but no problems yet!

As I understand it having been in this field a while ago, your contract is with the phone shop, not the manufacturer. It is their responsibility for the first year to deal with any claims under the warranty. Of course they will tell you different as it comes off their bottom line.

If you buy a toaster or an iron, you take it back to the shop, so it should be with a phone! If there is an agreement between the shop and manufacturer that the phone has to be sent away, the shop is responsible for that too!

There is no time limit on "Fit for Purpose"! If there is a dispute, the courts would decide what amount of time you could reasonably expect the item to last, taking into account cost (either phone or contract).

This is a section from the 1979 Sale of Goods Act. For the whole act, look up on Google and go to the site "Legislation.gov.uk"

14 Implied terms about quality or fitness..

(1)Except as provided by this section and section 15 below and subject to any other enactment, there is no implied [F11term] about the quality or fitness for any particular purpose of goods supplied under a contract of sale. .

[F12(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality. .

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances. .

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods— .

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied, .

(b)appearance and finish, .

(c)freedom from minor defects, .

(d)safety, and .

(e)durability. .

(2C)The term implied by subsection (2) above does not extend to any matter making the quality of goods unsatisfactory— .

(a)which is specifically drawn to the buyer’s attention before the contract is made, .

(b)where the buyer examines the goods before the contract is made, which that examination ought to reveal, or .

(c)in the case of a contract for sale by sample, which would have been apparent on a reasonable examination of the sample.]

I would go into the shop and say you are claiming under the Sale of Goods Act 1979 and the contract made was with them and you want a replacement!

Hope at least some of this is of help to you, good luck in your quest xx

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By *john121Man
over a year ago

staffs

The contract is to supply you with air time in other words access to the network, the mobile device typically has a 6 month gtee from the manufacturer and the air time provider extends this to 12mths and occ the length of time of your contract as good will, providing you haven't miss used/ damaged the device it may be repaired or at their discretion replaced within the period but they don't have too.

If you are experiencing the same fault each time it would be worth checking out forums and seeing if others are experiencing the same problem, if they are and it seems to be a major/common fault the manufacturer may have another fix/solution which may include replacement.

iPhone had an issue with signal strength being depleted when holding the handset so a case was offered with all new devices. Sometimes faults can be cured with software updates, but if it's a hardware issue they may need a recall.

It's possible that a batch may have an issue and they can tell from the imei number where and when it was manufactured and therefor just recall some.

Check out the forums and go from there.

No air time provider wants you to be without a working device, it's not in their interest or yours if youre not making calls etc because your phone/device is broken!

Remember there are also Insurances you can take out specifically for mobile devices .

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By *john121Man
over a year ago

staffs

You haven't stated which HTC device but a quick google search brought up numerous HTC screen faults, some of which seem to have been fixed with a software update,

Vodafone would put their own Platform onto a device specific to their network and specs so often the manufacturer software updates would not be available until they had been thoroughly tested, could take months!

Always wise to switch off your device say once a week to allow it to update on the network.

Remember the more you expect from your phone the greater chance of a failure as with any device. Especially in an area which has such a high turnover

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham

gets even better!!! they might have lost my fecking phone now....only taken me 3 phone calls over the last week to find this out!!

phone was delivered to them on the 11th...still not registered as received on their system!!

i fucking hate HTC!!!

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By *lba CoupleCouple
over a year ago

Northallerton

Try Going direct to the network provider instead of using third party providers that rip you off LOL

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham


"Try Going direct to the network provider instead of using third party providers that rip you off LOL "

HTC is the phone manufacturer itself, not a thrid party lol

i have to go to them to get my phone fixed

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By *lba CoupleCouple
over a year ago

Northallerton

Excuse me phones4U are the third Party We meant the network provider. get your contract from them direct if that makes sense???

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By *lba CoupleCouple
over a year ago

Northallerton

We are tryig to help as My wife works for a major mobile network operator and so many people like you get sucked in by the third parties offering you deals they cant deliver sorry

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By *ittle_brat_evie!! OP   Woman
over a year ago

evesham

thats great advice for the future thank you, but for the next 2 months i am tied to the contract i have.

my beef now isnt with Phones4u to be fair, its with the ineptitude of HTC and their staff

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