I have returned a faulty mobile phone to a retailer in the Uk, which is still under contract & warranty, they claim they can’t replace or repair the item? Must I accept a mobile phone of lesser quality and features to the original one purchased under the contract?

[Steven]

No. Their breach of contract (that is a faulty phone) is not your problem. You are entitled to ask for a repair or replacement as is your statutory right.
If it is impossible or unreasonable for the retailer to do so, then they should reduce the purchase price, taking into account the use of the phone you were able to make use of. Or you can rescind the contract

You should get back in touch and ask them to try harder

[RobM]

The warranty, like insurance, should return you to the an equal position you were in prior to the damage or loss. If an identical equivalent is not available, the closest alternative should be offered as a replacement.

This is based on specification and capabilities though, not price.

Thank you for your advice, I am currently in talks with trading standards who state they will try to negotiate on my behalf’ but failing that I feel, I have no alternative but to pursue the retailer in a court of law, so I need as much information as possible as to my rights especially when they are trying to say they have made a reasonable offer. The two phone in question “of first” my own the blackberry bold 9000 and the offered phone the blackberry curve, which lacks performance and 3G. So if anyone can shed more light on this situation for me I would be sincerely grateful

[Steven]

Well what is a suitable replacement can of course be only answered in the particular circumstances.

You are concerned with section 48B and 48C of the Sale of Goods Act 1979

If they cannot give you back the same phone or an equivalent model then the subject matter of the contract is destroyed and you are entitled to rescind the contract due to their breach of contract

The corollary is of course for the retailer to show that they have offered a suitable replacement, but if you have offered a inferior phone missing 3G then
that they did not even offer to reduce the contractual price is rather poor of them from your point of view