Mobile Phone Failure

[dealtn]

I recently took out a contract in a well known mobile phone shop chain for a phone supplied by a well known fruit based company with a monthly contract with another well known service provider. The phone has taken on a fault in approximately a month. Whilst I can hear the caller through the earpiece, the caller is unable to hear me. The phone has a facility to record, and using this application confirms an almost inaudible sound recording level. The retailer confirms this to be the case, presumably a microphone failure on the phone (either the hardware or the software not allowing the hardware to do its job). The phone is under warranty, as well as having the usual consumer rights. My choices were to hand in the phone to the retailer for its repair service, with no provision for a temporary replacement whilst that repair takes place, or (because this would be quicker) take the phone to a "fruit" store directly, as the shop assistant pointed out that the retailer would only be sending it to that company for repair itself. I also discover I can't just turn up at said store I need to book an appointment - who knew? Obviously this is all rather annoying, I would prefer a phone that just worked, but I am realistic enough to accept the modern world comes with its little annoyances. The soonest appointment I am offered is in another 7 days time (and not particularly local). So, I am left without the use of a working phone for at least 8 days. My question is, should one choose to pursue it (I suspect this is more my curiosity in theory rather than a practical application), who could I claim the cost of my monthly service contract from for effectively loss of use of the phone. Is it the retailer of the phone and package, the manufacturer of the phone, or the mobile service provider whose sim is sitting in the phone, but who are meeting their obligations, since anyone can still phone me, and indeed I them, should anyone fancy a one-way conversation!

[Slarti]

Cancel everything, money back and start again.

Get a PAYG sim to tide you through on your old phone. Unless it died.

[Clitheroekid]

who could I claim the cost of my monthly service contract from for effectively loss of use of the phone.

Although I can't imagine it would be worth making a claim for such a small sum it would be made against the company with whom you have the hire contract.

It would be an express or implied term of the contract that the phone would work properly, and a breach of that term would entitle you to claim damages for breach of contract.

[dealtn]

Thank you both, although you are correct it is a trivial sum and I won't be pursuing such a claim (unless I get any kind of ridiculous runaround in which case it will be ammo to be tossed in the broader battle!). I also don't seek advice on how to retain use of a mobile for a few short days (there is no old phone available, and I can quite happily cope with the loss for a few days, having lived quite comfortably for many years of my life without the use of one). It was the broader theoretical legal construct of contracts that intrigued me. In a similar vein should I have an ongoing monthly contract with Sky, say, for provision of viewing TV entertainment, combined with the purchase of a Samsung TV from John Lewis, and within a month the TV breaks, but takes a week to be fixed (or replaced) under warranty. Samsung happily replace the TV under John Lewis superb after sales provision. However I have been unable to enjoy any of Sky's output, through no fault of theirs, but am paying for it none-the-less. I guess the reality though is that real life throws up such (minor) injustices and we live with them, it is only when there is practical "damages" that it becomes necessary to consider pursuing them.

[elkay]

FWIW, when my phone required repair, EE provided a replacement phone (albeit low spec) whilst my phone was with the manufacturer for repair.

Name and shame the retailer?

Elkay

[Infrasonic]

Not a legal response but this is a good reason to keep old phones when you upgrade, so a working spare of similar spec is always to hand.

My current collection is 3 smart phones and 2 dumb ones, one of each actively in use.