04-04-2013 12:06 PM
In December I purchased from The Carphone Warehouse a Bold 9900 on a 24 month Orange pay monthly contract. From day one the phone starting rebooting itself four or five times a day. I bought the phone primarily for business use but at that time I was not working as I was on gardening leave. The rebooting was mildly inconvenient but not a major problem. However, as I started to use it more for work related reasons the rebooting became untenable. I went back to CPW and was told that they would send my phone back to RIM to be checked and I would receive a new one in 7-10 days. Having received the new phone I am still experiencing the same problems of consistent rebooting - during emails, instant messages, internet access etc etc. I have read many (hundred) similar complaints and various 'foolproof' solutions such as loose batteries, reloading software and 3G network problems. RUBBISH! There is a design flaw in the Bold 9900 and THERE IS NO FIX. If there were, RIM would have come out and posted it somewhere and thus saved themselves the cost of replacing thousands of handsets. I am no longer prepared to put up with this. I can no longer use this phone and wish to change it for something which actually works properly. I said this to CPW and they said all they could do is send it back to RIM and issue me with a new one. It is against the Sale of Goods Act (1979) to sell faulty goods. However, who is liable? Carphone Warehouse, because I bought the phone through them? Orange, because my contract is with them? Or Rim, who produce the BB9900? Does anyone know? Is there a lawyer out there who can tell me (and the thousands of other 9900 users out there who would dump their phones if they were able)? HELP!
04-11-2013 12:11 PM
Further to my last post, I contacted both Carphone Warehouse and Orange. The first person I spoke to in the repairs department of Carphone Warehouse told me Orange was liable. I contacted Orange and they told me the Carphone Warehouse was liable. I went back to the Carphone Warehouse and a different representative said that they were liable for the handset, but not for the contract. They offered me a handset of lower value than the BB9900, even after I offered to pay more to change to an iPhone contract. I was also told that the replacement BB9900 I had been given to replace the first was not, as I had been told in the store, a new BB, but a refurbished handset. I was lied to by the Carphone Warehouse.
ORANGE is LIABLE. I have found the answer for UK users, by speaking to www.adviceguide.org.uk. They were absolutely definite about this and requested that anyone having this problem contact them to register their complaint. The number I used was: 0845 404 0506. They can then pass on complaints to Trading Standards, who will definitely pursue Orange through the courts if there are a large enough number of complaints. Trading Standards can exact extremely hefty fines from them. So please do register that complaint.
The advice I received was to contact Orange in a formal letter. There are templates for the formal letter on the advice guide web site. This should be sent as a recorded delivery; keeping a copy for your records; outlining your problem and quoting the Supply of Goods and Services Act 1982:
When you have any goods provided as part of a service they must be of satisfactory quality, if they are not you would be entitled to a rectification of the problems and or damages.
The address to send the letter is:
St. James’ Court
Great Park Road