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43 posts

Geek


Topic # 57598 18-Feb-2010 14:07
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We signed up for a 24 month 8gb mobile broadband plan in December 09. A couple of weeks ago our T-stick stopped working so we took it into Telecom.

They sent it away, and apparently we must have broken it because something was bent and it no longer works.

I would like to dispute this as we have never dropped (or bent) the t-stick. When we took it into telecom the sales assistant made the remark that it looked in perfect condition (no scratches etc to indicate that we had damaged it).

I am fairly peeved off because its only 2 months old, and if it only takes normal use to break it, then its obviously not fit for its purpose or faulty.

Any suggestions on where to start with Telecom?




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62 posts

Master Geek


  Reply # 300176 18-Feb-2010 16:50
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You're in a fairly tricky position. Once it's left your possession, it's going to be difficult for you to prove the condition it was in when you handed it in. It's possible that the "bent" problem has occurred after it left you, and doesn't solely account for the device failing to work.

Franky, you need to decide if you take the cheap option, and source a replacement device for around $50 off TradeMe, or decide to fight.

If you want to stick up for yourself:

Ask for the device back
- If it is in substantially different condition then when you provided it to Telecom, then I would inform telecom of this. If it's been damaged in transit by telecom or their delivery contractors, then it is not your problem. If it is obviously still undamaged, then I would write to them saying you are suspending payments, as the device they sold you has failed, the device is clearly not damaged, and you dispute their version of events. As far as you are concerned, this device is faulty, and they are obligated under the consumer guarantees act to offer you a replacement or repair.

(If they can't return the device to you, then I would say they obviously owe you a replacement!)

Telecom are going to agree, or stick to their guns. They might send your debts to a collector.

If that happens, write to any collector and advise them that Telecom is in material breach of the contract and you dispute any debt owed.

(I have around 15 of these in the field, and I've had 2 failures in the first 6 months)





43 posts

Geek


  Reply # 300179 18-Feb-2010 16:59
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Thanks zonky. I think we will fight it purely on principle. So it has to be in writing? or can I ring up and speak to someone (not sure who exactly lol they all seem to be in India).

Did you send the two that failed back to telecom? or did you just get cheap replacements?

We have arranged for the device to be sent back to our local telecom store, so will we have to pay for the $55 inspection fee before they give the t-stick back to us?


I'm not sure whether we want another of this device, but if they DO replace it then i guess we could sell it and get something abit more reliable. The sierra wireless sticks seem to be pretty good. 

62 posts

Master Geek


  Reply # 300185 18-Feb-2010 17:11
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If it is in dispute, I really would recommend committing everything to writing, and retaining complete records of correspondence. Writing is easier. Call recording is an option, but writing allows you to be more precise.

(The crimes act does say only one party needs to be aware a call is recorded, but the privacy act is not quite so clear if you could rely on these later without their consent)

You're likely to have to pay the $55 fee, but you should indicate you dispute their findings and the payment is without prejudice, and you intend to institute a claim for this money back. TBH, i'd ask to speak to the store manager, and state calmly your position. If you're a Telecom Internet or Landline customer i would state (and plan to!) move these to a new provider immediately given your unhappiness at the situation.


Luckily for myself, I am in a position where free replacements were not an issue re: my devices.

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