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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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Hi: I have a phone on contract with Vodafone (approx 7 months

Customer Question

Hi: I have a phone on contract with Vodafone (approx 7 months in to a 2 year contract). First phone I had went back as faulty (technical) and the replacement one also now has the same fault. What is more the second one got a broken screen between it leaving me at the Vodafone shop and getting to their repair centre (booked in to the shop in good condition and verified by the guy who took it from me). They now want me to pay £100 to have it repaired (which admitedly they have said they will refund) but where do I stand in getting a new replacement instead of a repaired one, or at least getting them to repair it FOC without me having to pay up front? I am willing to take out a cliam in the Small Claims Court if necessary. What laws govern this situation please?
Thanks
XXXXX XXXXXdley
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

What is your loss?
Customer: replied 4 years ago.

Hi:


My loss is that a) I have been without my phone for over a week whilst in dispute with Vodafone, b) that I will get a repaired phone to replace a physically perfect one c) that I will have to pay out £100 on the promise from Vodafone that they will refund, and d) that there are known inherent faults with the make and model of phone and that if I get a replacement then it may not work.

Expert:  James Mather replied 4 years ago.

Are you dealing with the shop on this? What do you want to happen?

Are you still without a phone?