[Chaos]

I have had my phone returned to Vodafone 4 times since I have had it in August. I have tried to get a replacement but they say that because it has not had the same problem 3 times in the last 3 months they can refuse to replace it as long as they repair it. Is this correct or do I have any legal rights to force them to replace the phone?

[unique]

Sale of Goods Act Quick Facts - BERR

that might help, but i'd give trading standards or CAB a call, although i'm sure both will be very busy at this time of year

normally with goods if there is a fault you have a right to refund, replacement or repair and don't have to get a repair if you want a refund or replacement. i'm not sure if phones differ as you have a contract and sometimes the phone is free etc, but i'd imagine the basic principles should be the same in that the item supplied isn't fit for it's intended purpose thus you should be entitled to a refund or replacement under the sale of goods act. your airtime contract will probably have words to say that would still run or prevent you from getting a refund though, but you simply want a new model. i'd also suggest speaking to the manager who will likely know the law, as well as ways of avoiding following it if you don't understand it

[Graham27]

It really depends on what has been wrong with the phone. It's tricky forcing a replacement if it has been different issues that have been wrong with it. Not impossible though

If it's clear manufacturing defects, then most retailers use a kind of 'three strikes' rule before replacing goods, although this is usually their own policy, and not because they're legally required to.

I'd agree with contacting your Consumer Advice agency, or maybe the Consumer Direct website? They'll give you far better advice than a bunch of well-intentioned but sometimes misinformed AV geeks

[Chaos]

Well according to the guy in the shop if they make a reasonable effort to repair the phone then that is legal but I don't know the law that well so I couldn't argue it/ I've had it in twice in the last month for the same thing and it's still being tempremental so I think I might just take it back and get it changed so I get my replacement. Fed up of this phone now.

[prking]

Please don't take legal advice from a forum, however well meaning the advice is often wrong.

If it was me I would consult Consumer Direct who are very good at this sort of thing.

[Chaos]

Originally Posted by prking

Please don't take legal advice from a forum, however well meaning the advice is often wrong.

If it was me I would consult Consumer Direct who are very good at this sort of thing.

I was hoping someone could point me to something I could print off and use against Vodafone.

[DVD-Man]

Is this a contract phone?

If so could you maybe 'lose' it and get a replacement?

If it's PAYG then I had a similar incident a few years ago with a nokia that kept going duff, after 3 goes at fixing it a woman at worked phoned for me and moaned the face off the manager, I got to swop it for a 'box only' phone and popped my SIM into it.

The arguement for the above was helped by the fact it was after Xmas and the PAYG phone was £170 and you couldn't hear it ring.

Liam