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losing touch. Offline
oh, really?..
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what are my rights? - November 4th 2009, 11:02 PM

i didn't know whether to put this here or in technology.. so feel free to move and apologies if it's wrong but i thought it's more of a general question than anything technical.


so last week i got my phone stolen. i'm on a contract with vodafone and i have insurance. i have paperwork that says if i require a replacement phone [which i obviously do] then they will replace it with the same phone or an upgrade if they don't have the same one.

and now they're telling me that they're going to send me the older version of my phone. i have a blackberry pearl and they want to send me the older version of it because they don't have the same phone that i have in their stock or whatever... it's not much different, but still.. i don't want the old version.

am i right in thinking that i can demand an upgrade then?. because i have paper work that says they will either give me the same one or an upgrade. i told them this and they said that as long as they give me a replacement they can send me the older version.. was this person just trying to fob me off with a worse phone thinking that i won't argue?

thanks. x

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Re: what are my rights? - November 4th 2009, 11:10 PM

I think things like this depend on the kind of person you are. Some people just want the replacement because, hey, it's a phone, ya know? While other people signed a contract for a reason and want all they're paying for.

If I were you and you are bothered by them sending you this older phone, I would physically GO into the store to show them. Maybe there is something else in the contract under this circumstance that makes the other claim invalid? Maybe it was the person you're dealing with. I find a lot of people have different information. It can be horrible. But, yea, if the contract says you get a NEW or SAME version of the phone, then that's what you should be getting. If it matters to you (you did pay for it) then I'd go for it. I mean, you're a paying customer, you should pay for what you want.

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Re: what are my rights? - November 5th 2009, 03:50 PM

If on my contract it said that I would get the same phone or an upgrade, I would definitely argue it. You signed it, and they agreed to that as well.

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Re: what are my rights? - November 5th 2009, 04:53 PM

Im not sure about your rights, but if they break the terms of their contract, you have a right to break the contract with them immediately or I believe so anyway. Im an O2 customer, and used to spend a lot of time lurking in mobile phone forums a few years ago, when you get an advisor, if they don't get what you want, or in this case what you are entitled too, either ask to speak to their supervisor or their complaints team, who will have to deal with it properly.

They maybe able to send you an older version of the phone until a new one comes in, obviously, but if you do ask for that, make sure your very specific on the phone, so if it comes up again, I'd imagine their calls are recorded, and they can go back to it and you will be able to contest it.

It is their job to try and fob you off, and forgive me for the possibly sexist comment, but I'd imagine some people think just because your a 16 year old girl they'll get away with it. Don't stand for it, stand your ground, if their contract says the same phone or an upgrade, then fight for it. If it were to say or similar model, they could have a basis to argue on then, but seeing as you're paying for insurance, I'd imagine they should be giving you the better phone, not the worse one!

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