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MPX200's STOCK ISSUE (ORANGE UK) - TRADING STANDARDS REPLY


Guest DJHope

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Guest MPXtricky

My phone did the 'locked on Hellomoto screen' trick again which meant I had to remove the battery to turn it off before yet another HARD RESET. Both of the SIM tabs had snapped off, despite my wedging a piece of old sim card between the new one and the battery. I phoned my local Orange shop and spoke to a phone trainer about the build quality.

"...we've never seen anything like this before with the MPX200. Would sir like a Nokia 6600 instead? If so, then sir will have to pay £100 now, plus £5 per month for Orange care"

as if..... blearghhhhhhh!

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Guest DJHope

Got a reply from trading standards in regards to your rights! On this subject:

"Your rights lie in the Supply of Goods and Services Act, which implies a term of "satisfactory quality" into your contract.Since the phone was faulty, it was not of satisfactory quality and you have the right to a Like for like replacement. If the company cannot offer you an exact replacement, you may choose to acept an equivalent - you do not have to accept one which does not have the same main features as the original. if you cannot come to such an agreement with the company, you would have the right to cancel the whole contract."

Dave!

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Guest Shaks

My sim card tabs have fallen of too and for the last week or so during use, it starts saying sim card faulty/not detected. I phoned O 2 days ago who diagnodes it as faulty and offered me a replacement Nokia 6600 as a supposedly equivalent model. I refused and was told they were expecting more mpx200's and to check back on tuesday/wednesday (tomorrow) to see if they were in. Was told nothing else could be done and no other phone could be given instead.

Phoned back today. Spoke to a really nice lady about some other problem and also asked about my replacement. She told me Orange were not taking any more MPX200's of Motorola at the moment as there was a serious software problem with them (no idea what) and until moto sorted it out no more mpx200's. She said the system would only allow me to have a Nok6600 and said she understood I wouldn't be happy with that. She said she'd try and get me an e200 which I said I'd be happy with (bluetooth and camera). But all the people she spoke to can not override the system. She's now emailed another person who may be able to do so. And she said she will get back to me when they get back to her. She was very helpful though and realised that a Nok6600 is not as good as a MS Smartphone for my use. However did not promise me a e200.

Shaks

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Guest MPxMike

Hi folks

Well... Orange have done it again. :evil: Why is it that they give us all different answers? Maybe just timing. For what it's worth - here is todays line on the MPx200 replacement... (in brief :) )

I have been told today by 3 operators and 1 supervisor that Orange HAVE withdrawn the MPx200. Anyway...

Spoke to Orange this afternoon, was told that my MPx200 could only be replaced if I took out Orange (couldn't-)Care(-less) at a fiver a month. If I did that, I'd get a 6600 (no choice). Either that or go to Motorola direct as out of 28 days. This is legally inaccurate (if anyone needs the relevant legal links, I'll post them below)

This evening, a very helpful chap (MPx200 owner actually (knew they were all good guys)) said I could have either a Treo 600, N**** 6600 or N**** 7250i. As the Treo will at least take SD cards and comes with a data cable, thought that was a reasonable choice. Said I'd phone back to confirm.

Later this evening, I spoke to a guy who was ready to do the DMR then passed me to his supervisor who said I didn't meet the criteria for a Treo - it was a 6600 or nothing! I pointed out that apart from the fact that I have to write off 60 quids worth of software whichever phone I took from them, I'd need to fork out another 150 quid to replace the SD cards I have with MMC cards and buy a data cable if I took the 6600. The official line? "We dont cover accessories" and "Oftel say the 6600 is a like for like replacement for the MPx200".

Okay, so Oftel don't exist anymore (its duties have been passed to Ofcom) but there is no way that the 6600 is a more suitable replacement than the Treo - no data cable, takes MMC etc.

The guy I spoke to said if I wrote off my car with a stack of accessories in it I wouldn't get them replaced - I'd just get the base model and have to fork out for a new 12 disk changer myself!!!! (Should have made sure he doesn't use the same insurance company as me - his stinks! Will double-check my policy tomorrow :wink: )

Short moral of the story -

Orange have no idea as to our rights as consumers. Tried to tell the supervisor what the law says but he wouldn't listen and just kept on saying I needed to take that up with their legal department. Managed to get my point in anyway :twisted:

Orange policy is to REFUSE to tell us what the criteria are for getting anything other than a 6600 to replace an MPx200

The fact that we have a legal right to damages for consequential loss is lost on them

The fact that we have the legal right to cancel the contract is also lost on them - they say that we signed that away when we signed the contract - this is legally inaccurate

Can I strongly urge anyone that has had problems with this issue with Orange to write to Orange (address below) AND Ofcom (address also below) AND your local Trading Standards (see the phone book under your local council). If we ALL kick up a fuss and refuse to be pushed around something might get done about this.

I will be writing to them ALL post-haste. I am intending to take this all the way and will take then to court if necessary. If anyone who has suffered like this wants to join together to bring a class action, by all means get in touch with me.

All the best folks

Mike

Sale and Supply of Goods Act 1994

DTI factsheet on The Sale and Supply of Goods to Consumers Regulations 2002

Ofcom's website

Trading Standards Central Advice on buying a mobile phone

Orange UK

Correspondance Deaprtment

PO Box 10

Patchway

Bristol

BS12 4BR

Ofcom

Ofcom Contact Centre

Riverside House

2a Southwark Bridge Road

London

SE1 9HA

Sometime tomorrow I'll put a more detailed account of the legal inaccuracies on my website - I'll post the link here once I've done it.

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Guest Shaks

I don't know what to do either. My mpx200 is also faulty and O are point blank refusing to change it for anything other than a Nokia 6600. I've told them this is completely unacceptable to me as I have built my company infrastucture around smartphone/outlook/exchange and have a load of software only available on smartphone. I have already told them that I'd be happy with an SPV e200 but nobody has the authority to change the DMR to it. The only way I can get that is to write to them but I don't have high hopes for that.

Shaks

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Guest MPxMike

Hi Shaks

I know you and I are not alone, that's one of the things that made me so determined today to get what I'm legally entitled to. Goodness knows how many people have just accepted Orange's standard response of we'll send you a 6600 without realising where they really stand.

My guess is that if enough of us kick up a fuss about them on this issue, we might be able to get Ofcom on our side. After all, Ofcom are supposed to be the comsumer's voice in the industry.

It ain't gonna be a quick fix, for certain. I'll try and get as much legal advice as I can. I know what the letter of the law says, but how I interpreted it could make a difference, I suppose.

I'll try and post updates here as and when I have them and I'll try and put scanned copies of letters etc on my own website (to save clogging things up on here).

Mike

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Guest Shaks

Hi

Good to know I'm not alone. I've been trying to wrangle with O for 1 and a half weeks now trying to get a decent replacement. I've spoken to 6 people at O so far. Four have just been plain ignorant and just said you'll get a Nok 6600 and that's it and two have been OK.

A lady called Rachel tried really hard to get authority to get a e200 but nobody can change it so she gave me the address above saying they have more authority that anybody else and told me I had a very strong case. She actually spent two days trying to get authority for my upgrade tp an e200 but nobody could do it. Apparently it's to protect their insurers.

Anyway hope we get something sorted.

Shaks

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Guest MPxMike

Me too...

One for the Moderators...

Anyway you can do a poll to find out just how many members are having this problem with Orange? Might be useful to know. Thanks

Mike

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Guest MPxMike

PS

Moderators - sorry for cross-posting but there are two separate threads going here on the same topic and I wanted to be sure that everyone affected would get wind of it.

(This post deliberately NOT cross-posted to orange uk have axed the mpx200 from there range!!)

Mike :oops:

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Guest MPxMike

Hi folks

As promised, for the benefit of everyone who is interested, my letter to Orange, sent today by Recorded Delivery can be found on my website - address below. As well as relevant points of law, it contains a fuller description of my dealings with them yesterday by phone.

Mike

Orange letters and responses

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Guest Maverick

Give em Hell..

If Ford/GM can recall thousands of cars because of faulty components (I admit, there is the safety aspect involved in this example), Why cant O recall a faulty mobile phone?

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Guest midnight
Give em Hell..  

If Ford/GM can recall thousands of cars because of faulty components (I admit, there is the safety aspect involved in this example), Why cant O recall a faulty mobile phone?

that may be , but if you bought some nice shiny allows and a furry dice, you cannot expect ford to compensate you for those items you purchased

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Guest SirGaz

Why doesn't Paul raise this with Microsoft. At the end of the day Orange are trying to replace an MS powered phone with a Symbian powered phone, me thinks MS might not be too happy about that as it's diluting their market share.

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Guest MPxMike

I already had that thought, and I contacted them. See below for my email and their reply

Hi

I'm not sure if you are aware that Orange UK has removed the Motorola MPx200 from its product portfolio. In its place, they are offering anyone with a faulty phone a Nokia 6600. They insist that this is a direct like-for-like replacement for the MPx200.

I am currently locked in a dispute with them over this. The 6600 does not accept SD cards, does not come with a data cable and, most importantly, is not based on Microsoft Windows Smartphone. I contend that the only suitable replacement for an MPx200 is the SPV E200, yet Orange will not replace teh MPx200 with anything other than a Nokia 6600.

I am not alone. A number of people have had the same response from Orange.

If Microsoft is able to help in this matter, we would be truly very grateful.

Sincerely

Their reply:

Dear Mr. Palmer,

Thank you for your recent email regarding Microsoft ® Windows ®

In this particular instance you are best advised to liaise directly with your hardware provider - Orange in an attempt to seek a resolution to this particular issue.

I trust this helps. Please feel free to contact us again if you require further assistance. Alternatively you may phone our contact centre on 0870 6010100. Business hours are 8am-6pm Monday to Friday.

Regards,

Cairenn Nic Uilliam

Microsoft Customer Support Professional

Microsoft Limited

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Guest MPxMike

Hi Folks

Some possible good news. :)

I emailed the Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers, Gerry Sutcliffe, MP, and received the following email from him this morning:

Dear Mike

Thank you for your email, as a DTI Minister I have asked my officials to look into your complaint, they should be contacting you direct.

Regards

Gerry

May get some action, but I guess it will take a while. Meantime, if you have a problem, try and hold out for updates.

PS

Moderators: Sorry for cross-posting but I felt this was an appropriate case. Feel free to delete one post if you deem it necessary.

Mike

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  • 1 month later...
Guest waroffice

I had the old locking on hello moto screen, when i told orange they said my insurence is with phones 4 u, i said fair enough and went to the shop in town. they said we can send it off for you to be repaired be ready in 16 days....you can imagine my reponse as i use it for my business, luckily it was on a friday and i dont work weekends. They offered me a load phone, more specifically a Trium geo for £50 deposit. I thought my insurence was like for like within a day or two but couldnt remember on the spot, so took the phone if they didnt give me my £50 back when i got my MPx back i was going to pitch there brick through there window, worth £50 i think!! Then i discovered that they had the phone 3 days before i phoned them to see if it was ready.

Orange just said go somewhere else as usual and phones 4 u are normally better than this!

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Guest Colonel Trouble

Dont slag Microsoft , they are a really great company ! and are almost always do their best for their customers . They replaces thousands of xbox dvd drives for free after discovering that they wear out after a while and that there were 3 different hardware companies at different stages making their dvd drives .

As for your orange problems , I cant be much help as I still havent bought a smartphone and my intention is in fact to get an MPX200 however since theyve been recalled I'm in doubts . I may buy a N**** 6600 but its all to do with my money and price limits etc ... The legal side of things , get MP's and lawers involved . If any of you know lawers say relatives or friends , ask them to send orange a lawers letter maybe for free as a favour to orange notifying them of your rights . Companies tend to listen when theres a lawer involved somewhere !

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