Advice Pls Re Mobile On Contract

[Dee Sa]

as you all probably know I am elderly and not very good with phones so I got a Doro on contract for 2 years with Tesco officially for £7.50 a month but my bill is usually around £12.50 and when the contact ends in Feb 2016 I wont be renewing.
My phone "died " yesterday just wont work at all and have not dropped it, took it back to the Tesco store I bought it from and they told me that Doro only give I year guarantee and I have to pay £49.99 for a new phone is this correct ?

[hc4361]

Is this your phone?
http://shop.tescomobile.com/pay-monthly/mobile-phones/doro/phone+easy+611?deal=9277

[Buenchico]

Let's separate the manufacturer and the retailer here to start with:

The MANUFACTURER isn't obliged to offer any guarantee at all. If the manufacturer chooses to do so, that guarantee can be as generous, or as limited, as the manufacturer wishes. (e.g. it's perfectly lawful to offer a guarantee that states that you can only get a repair or replacement if you return the product, in person, to the factory in China at 3am on Christmas Day while stark naked, standing on your head and singing the Albanian national anthem backwards).

However a RETAILER is obliged to repair or replace a faulty product if the problem develops within 6 YEARS of purchase AND that problem has arisen because of an 'inherent fault'. (i.e. something which was already wrong with the product at the time of purchase, such as the use of substandard components or poor manufacturing standards).

Within the first 6 MONTHS after purchase there's an AUTOMATIC assumption in law that the reason that a fault has developed must be due to an 'inherent fault' (unless, of course, there's clear evidence to the contrary, such as the tyre tracks of the car that ran over the product!). So, if your phone had gone wrong 5 months after purchase you could simply have said "It's not working. Fix it or replace it". Tesco couldn't have successfully argued against your rights.

For the remainder of the 6 year period the purchaser must SHOW that the reason a problem has developed is due to an inherent fault. (Some sources use the word 'prove', rather than 'show' but that's incorrect; civil law is based upon 'the balance of probabilities', not upon 'proof beyond reasonable doubt').

Theoretically you would need to get an independent report, from a qualified expert, to show that your phone has failed 'due to an inherent fault' but that's clearly not possible (because it would almost certainly cost more than a new phone).

However simply saying to Tesco "Can you actually suggest any alternative reason why my phone has stopped working?" might be sufficient; if they can't, your suggestion that it's an inherent fault at the root of the problem might be regarded as the 'most likely' cause in law.

So really hassling Tesco hard, citing your '6 year' rights under EU law (and challenging them to suggest why your phone could have gone wrong other than in a way that was due to an 'inherent fault') might get you a replacement. However you'll need to be really persistent!

[Dee Sa]

yes that's the one hc 4361

[Dee Sa]

thank you Chris for the explanation.

[hc4361]

This is from the Tesco link:
"This mobile phone is long-lasting and reliable"
Well, it clearly isn't. Quote it next time you speak to Tesco.

I like Buenchico's suggestion that you ask Tesco why the phone isn't working. If Tesco is prepared to supply that phone on a 2 year contract you would expect it to last that long at least. Under the Sale of Goods Act 1979 the phone must be 'of satisfactory quality'. Quote that to them, too, as it isn't.

It is good to know the facts before you start. You have so far paid Tesco £204 for the phone and service for 17 months. Tesco is selling that phone outright for £49 although it is slightly cheaper elsewhere.
Tesco's sim only deal for 500 minutes is £7.50 a month over 12 months. It is unlikely you have exceeded those minutes and would have paid just £7.50 instead of the £12 you have been paying. Over 17 months you would have paid £176 if you bought the phone outright and taken out their 12 month SIM only deal and renewed it for another year.
You have already paid Tesco £28 than you need have done.

Phone Tesco again. Ask them for either a repair or replacement phone - (the phone doesn't have to be new, it can be refurbished) as you are fulfilling your side of the contract by paying the monthly charge and they should fulfil their side by giving you a phone that works. You are elderly and need the phone for emergencies. You chose that phone because Tesco describe it as 'long lasting and reliable'. You have already paid £24 than you need have had you bought the phone outright and took out their sim only deal and you expected the phone to last at least as long as the contract. Insist that Tesco deal with it, not Doro, as you took out the contract with them. You certainly will not buy a new phone of that type as it is clearly not of satisfactory quality.

If you get no joy, Twitter is your friend. Companies hate criticism on social media so if you don't have a Twitter account sign up for it. Your tweet would be something like:
@Tescomobile shocking service over faulty @DoroUK_Ireland.No phone and still paying. Not good enough

You may be happily surprised by the response you get from Tesco and/or Doro.