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Legally, the responsibility for any defective phone or item generally will be with the people that sold it to you. If you took out a contract through tmobile, and paid it for the phone and contract, then it is likely to be liable to you for good of unsatisfactory quality under s.14 of the Sale of Goods Act 1979.
The manufacturer has no contract directly with you, although in a lot of cases, they do provide separate warranties or promises to correct defective items for you. However, usually, this last only for 12 months for electrical items, but manufacturers can offer longer periods if they so wish.
Your legal rights though will likely be against Tmobile.
I've had experience of large customer services departments in the past and it can be difficult to get a lot of sense out of them sometimes.
It feels like they're stuck to scripts sometimes.
The only thing I can suggest if you put something in writing and send it in to their customer services team. If that doesn't work, then consider suing them, as court proceedings get passed to lawyers that know what they legal position is!
That's it really - sale of goods legislation.
That's a good question: they will say no, because they're separate. But, you might say in response, that you need the phone to use the line, which isn't strictly true, as you could buy another phone. I expect if the court had to decide this, (and I'm unaware of a court decision on this point at high level) then I expect it might say it's the latter - you could buy another phone and then sue the phone company for that cost instead rather then end the minimum term service contract.
And I expect the reason cases like this don't appear too often before the courts is they get settled quickly when (if) you issue court proceedings against the operators.
Does this answer your question please?
Personally, I take the view that the best thing to do is to sue them in the small claims court. You don't get bounced everywhere then
you get a lawyer involved most often trying to settle it with you.
Can I ask whether you're happy with this service please?
Have a good weekend.