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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi i have a mobile phone contract that was taken out a year

Resolved Question:

Hi i have a mobile phone contract that was taken out a year ago in June FOR 24 MONTHS.That means i have until June 2015 until it ends. I was provided with a iphone 4s on a Business contract which as from yesterday Sunday 6th of July 2014 has developed a fault with the battery and the ariel and now has no signal and network coverage. Does the service provider have a legal obligation under the consumer act (fit for purpose) to provide me till the end of the contract with a fully working phone.

Thankyou ***** *****ttlewood
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Is it out of warranty now please?

Customer:

I have taken the contract out for 24 months so there is 11 and half months to run but o2 are saying that the phone is only guaranteed for 12 months so is the contract or phone fit for purpose ?

Alex Watts :

Its bad news I am afraid.

Alex Watts :

Under the Sale of Goods Act goods must fit for purpose and of suitable quality.

Alex Watts :

However this only has to be for a reasonable time.

Alex Watts :

The Court accepts this as being 6 months or the period of warranty whichever is longer

Alex Watts :

In this case it is 12 months

Alex Watts :

Sadly because you are outside the warranty then they do not have to repair/replace it

Customer:

Thanks very much Alex at least i now know

Alex Watts :

I am sorry if this is not the answer you are looking and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Regards ***** *****

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply.

Customer:

Hi Alex this is very disapointing but i will have to live with it and i appreciate your honesty.

Alex Watts :

I am sorry its not better news

Alex Watts :

Does that help?

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