Taking Telecom to court

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bradstewart

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#6677 14-Feb-2006 19:05

After finally losing all my paitence with Telecom i am taking them to court.

My Nokia 6255 has been sent away 3 times, replaced twice and still suffers from more than its fair share of issues. The latest problems im having with it are and this is from the day i got a brand new one back from Telegistics:

- Bluetooth does not work
- When opening flip, the clock that displays on the outside screen appears on the main one and freezes. Have to pull out battery to reset.
- After sending a text message and leaving the sent items folder then closing phone it will turn off without me noticing meaning phone is off, i miss calls and texts
- Everytime the phone has to be turned back on the Go to menu has reset itself, i find that incredibly irritating.

I went down to my local(TNZ store, not pub) today and have a nice big talk (heated discussion maybe) with the manager he said the only thing he would do would be to send the phone away AGAIN to have it looked at. He was completely unwilling to refund or exchange the phone. After pretty much the whole time i have owned the phone it has had something major wrong with it I find this completely unacceptable.

So after much consideration I have decided to take Telecom to the small claims court. All i want is my money back, but no idea how easy thts going to be.

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#28465 14-Feb-2006 22:55

I have actually been considering doing a similar thing though it wasn't handset related nor TCNZ.

Its always a pity when we have to even consider taking legal action but sometimes they need a push.

Keep us posted on the developments.

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JermCool

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#28471 15-Feb-2006 08:18

While I sympathize with your problem, I do have to tell you (working for a TNZ Cellular Retailer as I do) that refunds/replacements are a PITA process. There's a process that we have to follow and being the bottom of the food-chain as we are, we're not authorized to hand out replacements or refunds. All of that has to be cleared through the Telecom Service Centre.

What surprises me though is the fact it didn't get replaced the second time it went up for repair. We were told when Telecom opened their own service centre that if a phone went up more than once, they would replace it.

Have patience with your retailer. There's basically nothing they can do. Telecom has tied their hands. (Can you tell I work Tech Support?)

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alasta

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#28473 15-Feb-2006 08:24

JermCool: While I sympathize with your problem, I do have to tell you (working for a TNZ Cellular Retailer as I do) that refunds/replacements are a PITA process.

What surprises me though is the fact it didn't get replaced the second time it went up for repair. We were told when Telecom opened their own service centre that if a phone went up more than once, they would replace it.

Have patience with your retailer. There's basically nothing they can do. Telecom has tied their hands. (Can you tell I work Tech Support?)

If my memory serves me correctly, the relevant consumer protection legislation firmly places the responsibility for repairs and replacements on the retailer. This means that, in this particular case, they would be obliged to offer the customer a replacement or refund even if they have to wear the cost themselves. The retailer's arrangement with their supplier (in this case Telecom) is irrelevant.

The Consumer Guarantees Act is very clear that the purchaser is entitled to a refund or replacement if the faulty product cannot be repaired within a reasonable time frame, so I think that Brad will have a very strong case in the Disputes Tribunal if it gets that far.

JermCool

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#28478 15-Feb-2006 08:36

Ah, but the stickler is the fact that the retailer is operating on behalf of Telecom New Zealand - who are ultimately responsible for the phone (this is why I stay away from cellular at work).

Rather than going through the fiasco of legal banter (which is fun for all of 30 seconds), get your retailer to give you the contact details of their Telecom rep. Getting calls from end users really makes them jump - which is fun for us to watch. And usually your problems are resolved within two days.

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tonyhughes

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#28483 15-Feb-2006 08:49

JermCool: get your retailer to give you the contact details of their Telecom rep. Getting calls from end users really makes them jump - which is fun for us to watch. And usually your problems are resolved within two days.

"Dealer Account Manager" would be the person who will probably fix this (they have the power to, and dont want to have to deal with unhappy customers, or have it get to their boss)

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#28485 15-Feb-2006 08:52

JermCool: Ah, but the stickler is the fact that the retailer is operating on behalf of Telecom New Zealand - who are ultimately responsible for the phone (this is why I stay away from cellular at work).

Thats the way I see some of it too....

Prepaid, or a phone paid in full in store would probably legally be the retailers problem, but it gets muddy when part or all of the phones cost was paid direct to Telecom by the customer (did you buy it from the independent retailer, or did you buy it from Telecom - its hard to tell sometimes).

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Grantis

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#28494 15-Feb-2006 10:06

brad05: After finally losing all my paitence with Telecom i am taking them to court.

Have you sort any free advice from either the Citizens Advice Bureau or Consumer Affairs? If not, here are their contact details:

Citizens Advice Bureau: 0800 367 222

Consumer Affairs: 04 474 2750

bradstewart

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#28504 15-Feb-2006 12:21

Thanks for all the comments.

I brought the phone from More Mobile so Telecom has my money.

The thing i cant understand is a year or so ago i had a 6225 and it randomly died and wouldnt turn on again. They sent it away for repair and 3 times it came back not working still so the same manager im dealing with now refunded it on the spot. The phone was 7months old. Going to the courts does seem like a lot of hassle but i cant see any other way to resolve this.

I told him that under the CGA i was entitled to a refund etc, was told the the shop also had protections under that and so wouldnt be doing anything. I think it a rather stupid position to take as he risks losing a customer who spends a lot of money each month.

It cant be much of an issue to refund or replace the phone, as im sure they will be reimbursed for a faulty product?

bradstewart

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#28507 15-Feb-2006 12:34

Who is the relevant person to get hold of at Telecom? As in the store managers superior? Somebody who can make a decision on the spot. Otherwise im prepared to spend the next week ringing every phone number telecom has listed to get this fixed. My apologies in advance for any poor person who gets an earful that doesnt deserve. Collateral damage is hard to avoid sometimes

JermCool

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#28508 15-Feb-2006 12:36

Actually, "Telecom More Mobile" is misleading: They're still an independent business and not actually owned by Telecom. They just foolishly have Telecom in front of their name. Poor beggars.

What happened a year ago was a different story. We didn't sit under such an opressive reign. But now things are ugly. It has put some protection on the dealer, but on the flipside it manages to annoy our customers when things don't go right.

Did you ask for their Dealer Account Manager's contact details? They should be happy to annoy him/her. I know we do. In fact, we do it quite regularly whenever the service centre starts giving our customers the runaround.

Granted, we're evil, sadistic beggars. I've managed to rub off on my co-workers. :)

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JermCool

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#28509 15-Feb-2006 12:38

brad05: Who is the relevant person to get hold of at Telecom? As in the store managers superior? Somebody who can make a decision on the spot. Otherwise im prepared to spend the next week ringing every phone number telecom has listed to get this fixed. My apologies in advance for any poor person who gets an earful that doesnt deserve. Collateral damage is hard to avoid sometimes

If the TMM dealer won't give you the details, talk to an Orb or Leading Edge shop in your area. They all have the same regional contact.

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bradstewart

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#28514 15-Feb-2006 14:06

Funny Story: I rung the Telecom More Mobile store for contact details for that person. They wouldnt give it to me so i rang leading edge just around the corner from them. I explained that i wanted the number for certain person because TMM wouldnt give me the number. The lady laughed and said they have a special number for people to ring when they have complaints about the MM store. Apparently they are sick of people coming to them with their issues over poor service etc from the MM store.

freitasm

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#28515 15-Feb-2006 14:11

Now that explains a lot about business practices...

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JermCool

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#28519 15-Feb-2006 14:20

Eww...That's...scary.

If there is a lesson to be taken from this, use Leading Edge instead of MM. :D

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Mack161002

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#28612 16-Feb-2006 08:42

Can you please provide details of what store, who you were talking with and when this occured so as we can investigate your issue.

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