Any legal bods here?

cafcpolo

Just wondered if anyone has a good understanding of the sales of goods / supply of goods & services acts?

Renewed a contract with Orange, got a phone which first had cracked buttons then started to freeze / restart itself. Got a 24hr replacement which was fooked within one day. Fed up with the phone, so asked Orange to replace it with something else. Been told they can't do that and can only do like for like. As it's now after 28days they say it's down to the manufacturer even though as I understand from the above as the seller it's down to them. They claim the phone is not part of the contract, however if I'm unable to use the sim card provided then surely they are in breach of the contract and I have a legal right to cancel?

Just wanted any info if poss so I can write a letter to them to either get a diff handset or get the contract cancelled?

LenGlover

I am not a lawyer but firstly a fundamental principle of the sale of goods act is that goods must be fit for purpose. Secondly consideration is a fundamental part of a contract. Consideration on your part being what you pay and on their part what is supplied. The fact that they have failed to supply a fit for purpose phone means they have not given consideration in my opinion.

Phone Consumer Direct. They are quite helpful.

http://www.consumerdirect.gov.uk/

EDIT: Consumer Direct link

bingaddick

I think Len has it pretty well right. Your contract is with whoever supplied you with the phone notthe manufacturer.

Under Sale of Goods is that goods must be of merchantable quality and fit for purpose. They supplied the phone and the sim/line rental nobody else. The only contract you have made for supply of phone is with them as far as I can see. The phone supplied is clear not of mechantable quality. You have drawn that to their attention before the 28 days, there has been a good faith attempt to resolve the problem, it's failed, the time makes no different, the phone was never of merchantable quality and you are, in my view, entitled to a number of things

1. to cancel the contract
2. compensation for the direct consequential losses you have suffered as a result of the their fundamental breach of contract in failing to supply a phone of merchantable quality

I would say though that these people have employed the worlds finest contracts lawyers to stop people just cancelling and there may be clauses in the contract protecting their continued line rental supply. If I were you I would subscribe to Which Magazine, you can sign up on line. They have free legal help for consumer disputes, in addition it's worth having because when they select products and services and give them the thumbs up, you can trust their judgements.

cafcpolo

Cheers gents, all cancelled with the 17months remaining contract cancelled free of charge!

Algarveaddick

This is one of the best things I have seen this week. Well done Polo for sticking it to them, and well done Len & Bing for the advice. Moral of the story - don't let them bully you.

Bournemouth Addick

Shame I didn't see this earlier, what with me being in the consumer protection game and all that. Len and Bing have basically got it right and I won't rain on your parade for using a few incorrect terms (and well done for the link to Consumer Direct, more people should use them).

Quite common for retailers to try to pass on responsibility for faulty goods like this and try to impose their own time limits. Just ignore them, nowhere does it say after X days all claims against the supplier are passed on, only that the longer you own something the less rights you have to redress if they go wrong.

Glad you got it sorted Polo.