I have the same problem with my Orange San Diego - the power button became progressively depressed and was almost impossible to switch on/off. Orange repaired the phone under warranty. Four months later, the fault re-emerged. The Orange repair centre initially refused to look at it on the grounds that the phone was not a UK model (it was running the XOLO ICS rom). My local Orange/EE shop sent it back, insisting (to their credit) that I had bought the phone in Exeter. The repair centre has since bounced the phone a second time, having damaged the phone casing, and are now using the 'water damage' excuse.
So, a couple of issues here:
1. There is a design fault with the power switch - this is clearly a common problem on the San Diego.
2. The repair centre is, for whatever reason, refusing to acknowledge this fault and are using any excuse to avoid fixing it.
3. They are causing damage to goods entrusted to their care.
My intention is to dig my heels in and insist on a repair or replacement. If they refuse, I will escalate the issue with Orange Customer Care, CISAS, and the Small Claims Court in that order. I would strongly encourage other owners of this phone to do the same.
After a strongly worded letter to Orange Customer Care threatening legal action, they have now decided that the fault has not been caused by water damage! They have now agreed to repair or replace the phone, as is their statutory obligation under the Sale of Goods Act. The lesson here is:
1. Don't let Orange fob you off with the invalidated warranty/out of warranty/water damage excuse. This is just plain unlawful, and they know it.
2. Don't let Orange argue that the phone is not part of the contract. Equipment supplied by them (whether there is an up front fee or not) is covered by The Sale of Goods Act. This makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality. In addition EU directive 999/44/EC states that: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. If Orange are unable to repair the phone, and are unwilling to replace it with a handset of equivalent specification, they are in breach of UK contract and EU directive 999/44/EC. Tell them this in writing, and what action you require of them. Explain that If they do not comply within seven days, that you will issue a claim against them in the county court without further reference.
Quite simply, Orange/EE have far and away the worst record of complaints with OFCOM, and will use unlawful (and even fraudulent) methods to deny you your statutory rights. So much so, that a consumer group have set up a website (http://eecomplaints.co.uk) to help you complain successfully to EE/Orange, and force them to meet their statutory obligations. It worked for me!
Edited by Mayapur, 25 September 2013 - 07:44 AM.