[Desire General] max_carpenter:
Right, Well after arguing with HTC they are refusing to budge so I have got onto Trading Standards. They have told me my positions and different angles to go from but they have said HTC have no obligation to fix my phone or provide warrantee I either have to attack T-Mobile or CPW. Due to the fact that T-mobile are providing me the contract and I only bought the phone for a small sum at the CPW they advised me to go after T-Mobile first.

They have told me to write a letter to T-mobile detailing what has happened then mark down about the 'The Supply of Goods and Services Act 1982' and that I am not satisfied with the phone and it states in the contract part of the contract is supply of the HTC Desire blah blah and also give them a dead line to reply. The trading standards have opened a case for me and are waiting my response and if I don't get a satisfactory response they will help me further. I have copied and pasted my letter below encase anyone needs it.

T-Mobile Customer Admin Team

Doxford Contact Centre

6 Camber Way

Doxford Technology Park

Doxford, Sunderland

Tyne and Wear

SR3 3XN

Date: 31/08/2010

Subject: The Supply of Goods and Services Act 1982

Dear Sir/Madam

I took out a contract with you on the **/**/2010 on the number 07********* which was for £** a month for 24 months including the supply of 1 x new HTC Desire. On exactly the third week (**/**/2010) While left un-attended at home with no one/nothing touching it including direct sun light or a source of heat the phone cracked down the screen over 2” long which I found upon my return.

This crack has not been caused by accidental damage and is a perfectly straight line with no point of impact. As you may well be aware accidental damage is normally indicated by a point of impact or jaggered lines/multiple fractures and this is not the case. I stand by my claim of a manufacturing fault and this was of no fault of my own.

After speaking to yourselves and HTC I was advised to send it back to them for review I have since had a quotation for the repair of £**.** and the claim that it was Accidental Damage. I have disputed this with HTC and after discussions with Christian from the Customer Complaints (Ticket Number: 10GB***********) I have further contacted Trading Standards. My phone is currently sitting at HTC Repair Centre.

Under ‘The Supply of Goods and Services Act 1982’ law you must provide the service and hardware as stated in the contract (HTC Desire) at a satisfactory working standard for the term of the contract. I do not consider a phone cracking over 2” when left un-attended a satisfactory level nor do the Trading Standards.

The trading standards have told me I am entitled to three different options in these circumstances which are your decision and they told me I can request the one I would like and to be honest I am not fussed with either a Repair of my phone or a Replacement HTC Desire.

Also I have now discovered someone else in the exact same circumstances as myself so there is obviously some sort of fault batch with these phones and I understand the mass majority are fine so a repair/replacement should be good for the term of the contract.

The Trading Standards have opened a reference on this case and are waiting for your response from this letter which I will provide them. I also request that I receive a response in writing by Wednesday 15th September 2010.

Yours Sincerely,