Vodafone

[Ferengo]

Having some problems.

Last year (October) My contract was eligible for a free upgrade. I got the usual call asking if I wanted to. At the time I wasn't a fan of the Iphone so sticking with Vodafone seemed like a good idea. The N96 was just out 2 days before so I bargained for that and got it.

It arrived but it was a slow phone lagging when navigating, crashing and resetting on e-mail. So I did the the latest firmware update (V11) and no luck. So I took it into the store, they sent it off. It came back with a better firmware on it (V11 so no difference :argh:) and still th same problem.

I looked into the problem and people were saying it was just the phone and you will have to put up with it, so I did.

Tuesday just past I called to cancel my insurance on the phone due to being covered by the bank. They guy was helpfull but said "Look, you still have 30 days of insurance left. Try and get it fixed". So I looked into it again.

Trawling through the forums I found that a month after release Nokia released V12 firmware that fixed the issue of lagging. Great... No! Vodafone have locked the phone to their custom firmware therefore I cannot download this. They run V11 released in sept 08 for the N96 and have not updated it since, they also do not do the N96 on their networks anymore and will not trial new firmwares.

So you can see my issue. I have a phone that doesn't work as it should, there is a fix for it but the network can't let me use it. Vodafone V11 firmware and Nokia V30 now!!!

Called them up and after various departments and being given free unlimited internet access for the duration of my contract I got a technical guy who said, "I agree". He suggested he put notes on the system and I go back through to customer services to try and get a new phone.

So now I'm waiting for a callback from Vodafone sometime after 9am. We'll see what happens but does anyone think I can get out of my contract this way? What phone should I get if I do get offered another one?

Just thought I'd let anyone with an N96 know this as Vodafone have caused a huge problem here.

[AndyP & Lenore]

Ferengo, if they fanny around when they call you back I would politely quote sale of goods act that an item must be as described, fit for purpose & free of minor defects (doesn't matter that these are software related), and all of these for a reasonable period after sale (I would say it's reasonable to say it should meet those conditions for the period of the contract). Basically your phone has been supplied with an inherent fault.

So I'd say you're within your rights to cancel your contract and a refund of your money. Doubt you'll get all of that, but if you start high, you can maybe meet at a compromise.

Best of luck.

Some good advice (http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html)

A.

[The Dogfather]

Minefield alert! The application of the sales of goods act is not clear cut on contract phones with some networks, this is especially true with contract renewals. The phone could be classed as a free gift and as such you don't have any legal right to a replacement, you need to check the wording of any contract very carefully.

[AndyP & Lenore]

Minefield alert! The application of the sales of goods act is not clear cut on contract phones with some networks, this is especially true with contract renewals. The phone could be classed as a free gift and as such you don't have any legal right to a replacement, you need to check the wording of any contract very carefully.

Bu66er. Didn't know that.:sad:

A.:sad:

[Ferengo]

Minefield alert! The application of the sales of goods act is not clear cut on contract phones with some networks, this is especially true with contract renewals. The phone could be classed as a free gift and as such you don't have any legal right to a replacement, you need to check the wording of any contract very carefully.

It shouldn't be classed as free as there was a charge for the phone when I renewd, but duely noted incase they try to pull a fast one.

Still haven't had my callback, so I called them and their systems are down. So I'll just have to wait. With any luck I should get either a new phone or released from contract. Either one will do as my phone sells on ebay for almost what I'd have to pay to get out of my contract so if they release me then great, if not and give me a new phone I can sell them and get out of the contract.

Fingers crossed...

[Ferengo]

Oh and there is a point in Vodafones contract saying that you can only use their firmware and using any other (Even Nokias official releases) Invalidates your Vodafone warranty. So if they turn around and say yes you can use Nokias firmware then they are breaking their own contract.

[GCA3N]

Not sure as to what you can do, but as soon as possible get with o2 and get a 3gs iPhone. Ihave been withevery network and o2 are IMHO the best. As far as
Phones go the iPhone is probably the best phone and gadget I have ever used, it really is an amazing tool.

[Ferengo]

Result!

After going backwards and forwards between departments and Nokia! I finally got them to give me a new phone the Samsung Jet. They were going to buy back my N96 for £80 to cover the cost of the Samsung (Fair enough) but I got to keep it and they charge me the £80. Better off that way as I can sell it for £200+ on Ebay.

Seems I'm getting deal after deal lately :rolleyes: :Whistle:

[The Dogfather]

Samsung jet? Frying pan to fire. You should have gone for the Android Magic, better phone than the iphone IMO.

[Ferengo]

Samsung jet? Frying pan to fire. You should have gone for the Android Magic, better phone than the iphone IMO.

I thought about that to but, The guy at work was showing me but it crashed twice in 10 mins while he was demoing. Doesn't do much for my confidence of the phone. Great little phone if it works though.

[The Dogfather]

I've got the Hero on test at the moment, never had any issues. Best handset I've seen for functionality and its still only Donut, waiting to see what the next version of Android (cupcake) will be like.

There's another major handset manufacturer working on a great implementation of Android, should be getting a sample in the next month.