What to do? phone problems and orb won't help

Forums › Spark New Zealand (including Skinny and BigPipe) › What to do? phone problems and orb won't help

nitrotech

1285 posts

Uber Geek

#67829 8-Sep-2010 23:31

I purchased a brand new Sony C510a for my wife when XT started last year.

It worked just fine for 10 months then started playing up - the problem is that it cuts off mid-call reboots and then says inactive sim.

At the 10 month point we highlighted the issue with Orb where we brought the phone - they replaced the sim card but the problem continued.

We went back and they got telecom to do a network reset - still the issues continued.

They then sent the phone away to be repaired - the repairer loaded the latest firmware but the issues continued.

They (orb) sent the phone to another repairer who again loaded some new firmware - however yet again the same issues occured with the phone (it's worth noting that the phone was out of warranty but sony granted a warranty extension).

Orb then sent the phone away again it's now back and guess what - we have the same issues.

While it's been away my wife's been using another phone which has been working just fine - so the issue does appear to be the phone.

Orb have now said there is nothing more they can do.

So where to from here?

Starplay

267 posts

Ultimate Geek

#378076 9-Sep-2010 00:05

I would say that the best bet is to go back to the Telecom store you purchased it from and tell them that you do not want it repaired again (although in this case... not really repaired) you would like either a refund or replacement handset as you are entitled to by the Consumer Guarantees Act. This states that the good/service must be of merchantable quality and if not the consumer is entitled to a refund/repair/replacement. And seeing as you have tried repairing it so often you will only accept a rufund/replacement.

I had a similar problem with an XT handset where it would drop calls and reboot but did not have the sim problem. After sending it away twice I simply told them that the CGA states what im entitled to and I had a shiney new handset in my pocket that afternoon. Telecom did not mind at all, they agreed that it was the best option.

Let me know if you have any questions.

keewee01

1737 posts

Uber Geek

Trusted

#378077 9-Sep-2010 00:06

Sony should replace the phone.

If they (Orb) are acknowledging that the phone still has an issue then they should replace it and they chase it with Sony.

They shouldn't be leaving you to chase it with Sony, but that is certainly an option.

scuwp

3885 posts

Uber Geek

#378100 9-Sep-2010 07:51

I agree, ask for a replacement or a refund. You should be entitled easily under the products warranty (as the fault was first notified within the warranty period) and the CGA will cover you as well.

Lazy is such an ugly word, I prefer to call it selective participation

nitrotech

1285 posts

Uber Geek

#379524 14-Sep-2010 08:37

OK here is the response from Orb: my comments in []

__________________

I have talked to my team about *** ongoing problems with her mobile. The first time we became involved the mobile was out of warranty.[Incorrect they we're notified of the fault at the 10 month point and replaced the sim] Normally we can’t help further as the manufactures only work with us when the phone is within the first 12 months. However *** managed to persuade Sony to take a look at the phone and we sent it away. However they could not duplicate the fault. They used 3 different Telecom SIM cards and had the phone for 7 days it didn’t fault once. We tested it again here and it was fine.

Originally we were under the impression that this phone was sent away for repair to Auckland 3 times.[Yes 3 times is correct - all sent by these guys] We checked again today and there is no record of the mobile being at the repair centre.[bad record keeping?] Do you know which dealership sent it away? After 3 times the issue should be escalated to have the phone replaced. Because the mobile is now 15 months old the repair centre can no longer help us.

Sony won’t deal with us normally. They only deal with you directly. Your reference when we sent to mobile to them is ******. You can contact them on 08009255626 to find out if they will take another look at the mobile.[surely a job for the retailer]

I also suggest we look at another SIM replacement as **** felt that when we changed the last 2 Sims it did solve the problem for a while. **** is eligible for an upgrade on the 23rd February 2011 or you could purchase a new phone now if you wish.

We are very much here to help as much as we can within the parameters set by Telecom and the manufactures. Please let me know how I can help further.

___________________

So where to from here, here's a youtube video of the problem that I captured last night

bobkate

18 posts

Geek

#379575 14-Sep-2010 10:41

Along the lines of previous posters, I recommend you assert your rights under the CGA. You may find it useful to read this:

http://www.consumer.org.nz/reports/consumer-guarantees-act/putting-it-right

If they decline to meet their obligations as set forth there (send them a copy, if you need to) notify them that you'll either be making a formal comlaint to the Commerce Comission or lodging a case with the disputes tribunal. They may rethink their stance at that point, and if not: you need to decide if its worth your time to follow through with these actions.

mainlydata

60 posts

Master Geek

#379580 14-Sep-2010 10:49

I am not a lawyer but here's my take.

The retailer is the entity you need to deal with (ie don't even think about entering the Sony tar pit).

The retailer is bound by the Consumer Guarantees Act to provide something of "acceptable quality". Section 7 of the CGA (amongst other things) defines that an item must be "durable". What durable means is also defined in that section but in summary if it's an expensive shiny thing I think anything less than two years would not be "durable".

Having said that as Orb have demonstrated that they are unable even to remember what their previous interactions with you have been you will need to take a change of tack.

Find out the name of the chairman of the Orb board, send the phone and letter to them directly (with tracking of some sort) reminding them of their CGA obligations, telling them story about interaction to date and explaining you want a replacment. I would be very surprised if you don't get a response because you will be rapidly be entering the "cheaper to pay them off" area.

If Orb is part of Telecom the person you want is Wayne Boyd at Telecom House, Level 6, 8 Hereford Street, AUCKLAND, NEW ZEALAND, 1001 .

Life's too short to put with this sort of nonsense.

Useful hand-waving on CGA http://www.claytonutz.com/publications/newsletters/product_risk_insights/20100913/acceptable_quality_under_the_australian_consumer_law_the_nz_perspective.page

keewee01

1737 posts

Uber Geek

Trusted

#379601 14-Sep-2010 11:21

mainlydata: I am not a lawyer but here's my take.

The retailer is the entity you need to deal with (ie don't even think about entering the Sony tar pit).

The retailer is bound by the Consumer Guarantees Act to provide something of "acceptable quality". Section 7 of the CGA (amongst other things) defines that an item must be "durable". What durable means is also defined in that section but in summary if it's an expensive shiny thing I think anything less than two years would not be "durable".

Having said that as Orb have demonstrated that they are unable even to remember what their previous interactions with you have been you will need to take a change of tack.

Find out the name of the chairman of the Orb board, send the phone and letter to them directly (with tracking of some sort) reminding them of their CGA obligations, telling them story about interaction to date and explaining you want a replacment. I would be very surprised if you don't get a response because you will be rapidly be entering the "cheaper to pay them off" area.

If Orb is part of Telecom the person you want is Wayne Boyd at Telecom House, Level 6, 8 Hereford Street, AUCKLAND, NEW ZEALAND, 1001 .

Life's too short to put with this sort of nonsense.

Useful hand-waving on CGA http://www.claytonutz.com/publications/newsletters/product_risk_insights/20100913/acceptable_quality_under_the_australian_consumer_law_the_nz_perspective.page

Orb are not part of Telecom.

And sending messages to board chairperson is extreme overkill. There are a lot more channels to take before you get to that one - ask to speak to the Orb dealerships owner.

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mattevans

1 post

Wannabe Geek

#379614 14-Sep-2010 12:12

Hi there nitrotech,

I've sent you a message with my details for you to get in touch so we can get you sorted out!

Cheers

Matt Evans | GM
Orb Communications (Head Office)

nitrotech

1285 posts

Uber Geek

#380240 15-Sep-2010 17:08

Thanks to Matt this is now sorted out - great to see the way this was handled by head office and through my dealings with them can tell you that Matt's a top bloke too.

Cheers,