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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon i took out a new mobile phone contract with

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good afternoon
i took out a new mobile phone contract with vodafone just before christmas but started to have multiple problems in February when the for was updated by samsung. i have been told by vodafone that they are not liable to fix the issues as it is a software problem and that i have to wait for a further update to be released by samsung to fix the problems of the first update. i have been waiting all this time and am getting very angry about the whole situation. i have just had a long conversation with one of there managers who says that my consumer rights no longer apply as the phone has been updated thus altering it and my only option is to wait. samsung have released the update but vodafone are holding it back to test it. samsung could not guarantee it would fix the problems and vodafone say they test all updates before they are released even the one in february?
where do i stand .... can i cancel the contract ... am i liable for the cancellation charge if i do.?
Hello my name is ***** ***** I will help you.
To confirm its the phone, not the network causing the issue?
Customer: replied 2 years ago.

the problem is with the phone more specifically the software on the phone

The phone was part of the contract?
Customer: replied 2 years ago.

yes ... 2 year standard vodafone business

it does say that if the phone developes a fault that they will fix it within 24 hours but they are now saying that this does not include software problems

You have a right under the Sale of Goods Act to have items which are of suitable quality, fit for purpose and as described. Clearly here it is not. Therefore you are either entitled to a replacement phone or to get out of the contract.
They can not hold you to something that does not work- that is against the law.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

thank you i did quote them the sale of goods act ie, fit for purpose but they said that because i answered yes to the question "install latest software update from samsung...y-n" i have then altered the phone and they are not now responsible .... is this true

No. They provided the phone. They need to make sure it works!
They need to take it up with Samsung, not you.
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