tcpaulh, on 01 November 2012 - 12:07 AM, said:
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).
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.