Last year i bought blackberry Q10 having had numerous blackberrys in the past no problem.
1st day i had mine battery lasted 4 hours and was getting very very hot. went back to phone shop didnt want to know !!!!!
I had to buy a new battery at 4 days old !
Now I have lost 378 contacts 78 remaining but now i have as many as 8 tel numbers left per name entry !!! they just keep multyplying !!!

Phones useless, not fit for purpose !
)2 dont want to know as now no longer deal with blackberry
blackberry dont want to know unless your a registered business user
Phone shop doesnt want to know and say they cant help !!!!

Cost over £500.00 quid , still anothers years contract to go, why do i have to continue paying ? ( apart from the obvious that 02 keep pointing out that its in the contract )
help where do i stand being passed from pillar to post.

I complained to 02 officially and they still havent contacted me even though its over 2 weeks ago & their site claims they respond in 7 working days !
Any serious advice welcomed please ? Jaguar x-type sport gone
Jaguar x-type 2.2d sport one of my best cars ever sadly gone
Freelander 2 GS auto 2008 most unreliable ever ! gladly gone
Freelander 2 GS manual 2013 only time will tell !

By buying the battery you've sort of accepted the fault. Should have backed it there and then. Insure it. Then lose it.

Does O2 know that a new battery was purchased? Maybe The Doctor will have an idea of how to obtain redress???

As Steve D. These have an annoying wriggle clause that say that they are not responsible for the Hardware, only the Services (Airtime/Data etc) provided.

In 2008 I succesfully sued Orange over a duff Motorola handset. Their defence was that the Hardware was an incidental part of the Contract, and they were only liable for the provision of service. I successfully argued that the provision of service was dependant on fully functioning Hardware fit for purpose at the time of entering a new agreement. Fortunately, the Judge agreed, and I was awarded a four figure sum, however, it could have gone either way depending on a judges interpretation of Contract Law.

Have a chat with the good Doctor on here, as I believe that this area is his forté. Foraging near Gaydon....
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MY13 HSE Lux SD4, Baltic Blue - current, 30,000> miles without fault
MY12 HSE 2.2 SD4, Sumatra Black - gone after 10 months/43,000 fault-free miles

Oldgeezer, your phone was purchased from either an O2 shop or direct from O2's website etc I assume? In any case, your contract for the phone itself, regardless of the network service, is between you and the seller.

They can bleat on about the contract all they like but any contract/warranty etc is completely separate to your statutory rights and any small print has no say in it whatsoever because the so called small print cannot restrict or exclude your statutory rights.

Your rights to a product being of satisfactory quality and fit for purpose are contained in S.14 of the Sale of Goods Act 1979. This means of course that you can assert your rights at a low cost in the small claims court.

Before we go any further though, is the phone working ok now that you have a new battery? If it is a case of a duff battery, they should have replaced it free of charge but now you have purchased a new one.

I assume this battery issue has somehow caused a malfunction whereby the contacts have been lost. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Hi Guys
Thank you for your replys.
The battery was an issue from day 1 but phone shop blamed too many apps running ( Funny that as i dont use any other than e-mail and phone )
So 4 days later after a 2nd visit to shop & a phone call I had to obtain a new battery which resolved the battery going flat in 4 hours and now runs for 4 days on average.

The issue of loosing all my phone contents is since a blackberry update 2 weeks ago ! caused by most likley poorly written software. I went on a blackberry Forum and there are loads & loads of people all suffering the same issue.
In turn this has also caused the multiplication of telephone numbers to the contacts that still remain.
Roughly 80 contacts left out of the 380 but nearly all the entries now have between 4 & 8 Tel numbers duplicated.

The 02 shop where i purchased the phone from cant & wont help as they no longer deal with Blackberry !
im still locked into a years remaining contract for a phone that i only use for phoning & e-mails for which both its useless as the contact names and addresses have dissapeared !
I really dont want to have the phone wiped and reloaded as it appaers to be an ongoing problem with software issues.

I feel i should be entitled to cease the contract.
thank you Jaguar x-type sport gone
Jaguar x-type 2.2d sport one of my best cars ever sadly gone
Freelander 2 GS auto 2008 most unreliable ever ! gladly gone
Freelander 2 GS manual 2013 only time will tell !

The issue of ceasing your contract is separate to enforcing your rights under SOGA. You can keep the contract running and still bring a claim against the store purely on the quality or lack thereof of the phone itself.

They would argue that the phone is fit for purpose and that it is a software issue rather than the phone. I would counter that by saying a smartphone is more than just the sum of its parts, it has to be satisfactory on all levels including the software because that is the purpose for which it was purchased. Again, they may counter that by saying it was fine until you downloaded the latest update so it is beyond their control. One factor in your favour is that it has been troublesome in some form or other from the word go. In any case, irrespective of what has caused the fault, your SOGA rights lie with the seller and nobody else.

Any arguments they might bring about the wording of the contract/warranty and the fact they don't deal with Blackberry's anymore is meaningless. You can pursue your rights to a repair or replacement of the phone or if neither is possible a refund of the phone price. You can't simply insist on a refund as the seller should be given chance to repair or failing that replace the goods. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Doc, Would I be correct in thinking this was 'vicarious liability'? Donoghue vs Stevenson?

Rich, Donoghue v Stevenson was a case about duty of care under the law of tort, specifically negligence. Basically a customer purchased a bottle of ginger beer for a friend but there was a dead snail in the bottle and the friend became sick. The manufacturer was sued but said no duty owed. The court found otherwise.

Vicarious liability is where an employer is found liable for the torts of an employee. Unless of course the employee is acting outside the course of their duties.

Not relevant to the present issue but interesting nonetheless. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey