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So they've fobbed us off with the same old stuff, AGAIN

101 posts in this topic

Posted · Report post

Well said. My thoughts exactly.

I think most people are happy with their phone, just complaining about what vodafone uk did: releasing ics, pulling it, releasing a downgrade tool, then releasing the same ics for those who downgraded. People have the right to complain (which is not always bitching and crying), and that is definately not a modern phenomenon. If you are happy then don't complain. And yes, some people bought the phone when it was already announced that it would have ics, so they didn't need to pay for a premium device to have it.

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Posted · Report post

top_score, the advertising material stated ics was coming soon with an expected release end Q2/Q3. Vodafone published a post in June/July covering the g300 and the update process and what it entailed. Some did buy this on the back of ics. This was an upgrade from the Zte Blade whose armv6 future with ics didn't look too rosie.

I don't see the correlation between price and bugs. This phone is more than capable of running ics, that isn't the issue. The issue is the poor communication, poor rom releases and lack of customer care.

The Zte blade still has a huge community after over 2 years with an armv6 CPU and adreno 200 gpu.Official uk updates ended at froyo.

Paying a budget price doesn't take away what Vodafone and Huawei promised prior to release.

This phenomenon of 'bitching crying and moaning'is also actually trying to get source code released so that Dazzozo can make further progress with ics and jellybean so that hopefully, you as well as I and all the other bitches, cry babies and moaners can enjoy it one day. Some just take what they are given. Others speak up for their rights and we are entirely justified in that.

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Posted · Report post

How does this look? It's not perfect. Modify and fire at will ;-)

http://pastebin.com/kHcjdDvc

Stefan Langkamp

Customer Operations Director

VODAFONE UK LIMITED

VODAFONE HOUSE

THE CONNECTION

NEWBURY

BERKSHIRE

RG14 2FN

LETTER BEFORE ACTION

Breach of Contract and Loss of Bargain – Huawei G300 Smartphone (“G300”)

Vodafone has been advertising the G300 as having Google’s ICS operating system since launch on April 13th 2012. Advertising boards were in stores claiming it already had the software.

At various times, Huawei posted versions of ICS on it’s website, all of which were broken in various ways. We duly reported these problems to both Vodafone and Huawei.

Over time, Vodafone staff and “Community Experts” have suggested that the reason the upgrade has taken so long is because bugs are being fixed.

31st October 2012 - Vodafone releases over the air to UK customers build B936 of ICS that was previously released in New Zealand back in August. We told you months ago that this build had many basic functional issues but you’ve ignored us.

Examples:-

Dictionary still broken

Caller ID still broken - it doesn't display in time.

Still no hardware accelerated UI despite documented written promises

Still reverts to internal storage after reboot even if you tell it to use the SD card

Still sluggish and slows down over time leading to force closes etc - bad memory management - Why does the ZTE blade, a hugely inferior device, not have these problems?

Still defaults back to factory ringtones when connected to PC

A binding contract exists between us for a suitably specified Android smartphone with a reasonably functional release of ICS or higher. As this has not been forthcoming in a reasonable time I believe that there is a case for breach of contract and loss of bargain.

At this stage I can make a without prejudice offer to return my G300 to be replaced free of charge with a suitably specified alternative.

Failure to supply a properly specified item or the cash equivalent to buy such an item on the open market will result in legal action. I will have no alternative than to serve an N1 claim on you for breach of contract and loss of bargain. This measure of damages is intended to place the injured party in the same situation, as far as money can do it, as if the contract had been performed Robinson -v- Harman(1848).

I believe you would be acting unreasonably by forcing this to court so I will make a further application for a Wasted Costs Order and will also claim court costs, litigant in person case preparation costs at the standard rate of £9.25/hour, travelling expenses and 8% statutory interest. It follows that this will greatly increase the amount being claimed. You will have to appear in person at my local court.

I assert my rights under Sale of Goods Act 1979, S51 - Damages for Non-delivery:

"51(3) Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price of the goods at the time or times when they ought to have been delivered or (if no time was fixed) at the time of the refusal to deliver."

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Posted · Report post

I've got no sympathy what so ever, you make it sound unique. if it hasn't got it, then don't believe it will have it until you see it.

I would love the source code.

the custom rom developers can release updates every day if they want and there is no big deal, but they mostly release when a few things have been updated or a major bug has been reported and fixed.

Corporate businesses don't have this luxury, they would and do get a hard time when there are issues with software. they can either release buggy software or wait until it works, they are screwed by bitching consumers either way.

having been involved in software development myself I know from experience that you cannot give a date for when a newly developed piece of software will be completed, things are not that simple. if you are a brick layer you know pretty well the speed you can lay bricks so it is relatively easy to estimate how long it takes to build a wall, software (and hardware ) are only best guess estimates.

anyone that has a game console will at some point have experienced either a game delayed because it's not ready, or released on time but full of bugs that have to be patched.

do all you bitchers and moaners think that Vodafone and HUAWEI have had this software available for a long time and are just sitting on it purposely to upset consumers.

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Posted · Report post

I've got no sympathy what so ever, you make it sound unique. if it hasn't got it, then don't believe it will have it until you see it.

Belief has nothing to do with it. It is possible there has been a breach of contract under UK law. They were happy enough to take our money on the back of these promises. But now we should feel sorry for them when they try to palm us off with this? I don't think so.
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Posted (edited) · Report post

If you are happy then don't complain.

I'm not complaining. I bought this phone because the specs were good for the price and because it was a cheap phone I could mess with android dev on. I'm happy with the phone. I understand that huawei have done a bad job of ICS and that people are not happy but amount of moaning we see on these forums over a £100 phone is crazy. Hell, life is too short, if it pisses you of enough to moan this much then just buy a nexus device and be happy.

Edited by Cyda
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Posted · Report post

do all you bitchers and moaners think that Vodafone and HUAWEI have had this software available for a long time and are just sitting on it purposely to upset consumers.

They had it for two months now, since it's the same release as NZ B936. You tell us what they did in that time.

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Posted · Report post

Principles my dear Top_Score/Cyda

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Posted · Report post

@Cyda

what you doing wasting time posting here. I expect, no demand you sit at your keyboard writing/developing software until your finger tips bleed and you have worn them to the bone.

as a cfw user I believe I have the right to demand this.

cymru am byth

(please everyone take this in the lighthearted way it was meant)

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Posted · Report post

I'm not complaining. I bought this phone because the specs were good for the price and because it was a cheap phone I could mess with android dev on. I'm happy with the phone. I understand that huawei have done a bad job of ICS and that people are not happy but amount of moaning we see on these forums over a £100 phone is crazy. Hell, life is too short, if it pisses you of enough to moan this much then just buy a nexus device and be happy.

I didnt mean you are complaining, i meant that those who are unhappy will complain and those who arent wont.

Still 12 more days before nexus 4 ^_^ And i'm also happy with the g300. When did i moan that much?

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Posted (edited) · Report post

Principles my dear Top_Score/Cyda

Nothing wrong with my principles, dear boy. I simply don't see the need to vent on the interweb over a £100 phone.

cymru am byth

:D

Edited by Cyda
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Posted · Report post

I'm enjoying it to be honest. Love the phone. Love holding faceless corporate entities to their word.

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Posted · Report post

I'm enjoying it

Good. At the end of the day, that is all that matters. ;)

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Posted · Report post

Cyda is so right! We should all STFU and be nice submissive little consumers happy to take any insulting crap big corporations throw at us. Who cares if they've wasted months of our time with empty promises and broken contracts, just be happy. If it helps take some prozac.

What are you doing on this forum anyway Cyda? I smell a troll.

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Posted · Report post

What are you doing on this forum anyway Cyda? I smell a troll.

Erm, ok. What am I doing on these forums? lol

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Posted · Report post

the custom rom developers can release updates every day if they want and there is no big deal, but they mostly release when a few things have been updated or a major bug has been reported and fixed.

Corporate businesses don't have this luxury, they would and do get a hard time when there are issues with software. they can either release buggy software or wait until it works, they are screwed by bitching consumers either way.

Put it this way, the consumer tech arms of firms like Huawei and Vodafone are unlikely to be making a financial loss. In terms of corporate business, that it is the bottom line; they are certainly not being screwed. From a developer's perspective, the story might be different, but does anyone doing software development for such firms really go into such a position expecting appreciative end users?

do all you bitchers and moaners think that Vodafone and HUAWEI have had this software available for a long time and are just sitting on it purposely to upset consumers.

Who knows why it was released later in the UK. If it wasn't partner software they were adding, maybe it was red tape.

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Posted · Report post

lmfao at calling Cyda a troll, you do realise they are a dev, think I can smell someone else being a troll.

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Posted (edited) · Report post

Well his behavior in this particular thread is pretty offensive, sanctimonious and yes trollish.

And TBH I haven't noticed any actual devving on his part for the G300, No offence!

Edited by popoyaya
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Posted · Report post

Well his behavior in this particular thread is pretty offensive, sanctimonious and yes trollish.

Huh? I ask anyone to re-read my posts in this thread and tell me how I am being offensive?

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Posted · Report post

Well, when you think someone is trolling, calling that someone a troll is only going to be met with pleasure, assuming that accusation is correct. :lol: Somehow, I doubt either cyda or popo are happy with the accusation.

The software should be the issue here. As I see it, yes, people like to moan, and yes, Vdafne and Huawei take the piss whenever they believe they are at liberty to do so - just like most faceless multinationals.

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Posted · Report post

I can see how it's hard to miss being on the first page and all.

[ ROM ] [ ICS] Stock + ROM

[ B 944 , Overclock kernel, Ad -

block host , MIUI Security -

Updated : 17 / 10 ]

by Cyda, one of only 2 roms I use, the other being infusion.

no reason I can see for using stock roms when either are better.

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Posted · Report post

How does this look? It's not perfect. Modify and fire at will ;-)

http://pastebin.com/kHcjdDvc

Well you definitely aren't a lawyer. If I were you I'd go and see one and get this written up properly as, in it's current state, you'll just get laughed at by the courts and Vodafone. I'm not trying to be funny and I understand what you are trying to do.

A binding contract exists between us for a suitably specified Android smartphone with a reasonably functional release of ICS or higher. As this has not been forthcoming in a reasonable time I believe that there is a case for breach of contract and loss of bargain.

So where is this binding contract between you and Vodafone? When you did make the contract and which lawyers did you use to countersign the contract to make it binding?

Just so you know.. a message on a social network or a web page is not a binding contract or any form of contract. If Vodafone said they would fix problem X and failed then legally there isn't actually anything you can do.

Failure to supply a properly specified item or the cash equivalent to buy such an item on the open market will result in legal action. I will have no alternative than to serve an N1 claim on you for breach of contract and loss of bargain. This measure of damages is intended to place the injured party in the same situation, as far as money can do it, as if the contract had been performed Robinson -v- Harman(1848).
In

This is quite obviously a cut & paste job and the case you mention isn't applicable to this issue you have with Vodafone.

I assert my rights under Sale of Goods Act 1979, S51 - Damages for Non-delivery

Which applies to physical goods only. As you have a Huawei G300 in your possession which you purchased, the retailer - Vodafone whatever - has carried out it's duties to the letter of the law. The Sale of Goods Act has not been broken at all.

If you really really really want to take legal action then speak to a lawyer and get things done properly. Or speak to citizens advice. But honestly the best thing to do would be to sell your phone, buy another and don't purchase another Huawei product ever again. I won't.

Edit: BTW don't take this all the wrong way. I'm not having a go.. just if you are going to send a letter like this you absolutely must do it properly because any legal threats like these DO go to lawyers within the companies involved.

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Posted · Report post

It's my own work apart from legal definitions and it's a little sloppy. Certainly not good enough for a particulars of claim but ok for a warning shot across the bows. Contracts exist not only on paper but in any form of communication to which the parties have entered. Fitness for purpose is measured with the reasonable man test on the balance of probabilities taking into account anything relevant eg official communications, published articles promising features etc. Whether the software itself is fit for purpose bearing in mind promises made (which form part of the contract) is of course a matter for the courts to decide.

If it went to court, here's an example of the sort of work I'd have to put in https://docs.google.com/file/d/0By9XAHKSPMp9OHdPa1c1MUJ0YzA/edit

A little spat I had with Microsoft a few years ago...

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Posted · Report post

When I go to about phone:

firmware upgrade it says current version B892

update version B895

should I upgrade? and what would i be upgrading to?

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Posted · Report post

When I go to about phone:

firmware upgrade it says current version B892

update version B895

should I upgrade? and what would i be upgrading to?

Thats gingerbread with the Huawei backup app.

Once youv'e got B895 you'll be offered the ICS update.

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