Do Telstra Need to Abide by Consumer Law

jarrod63 on 06/08/2017 - 10:37
Last edited 06/08/2017 - 10:59 by 1 other user

I sent my Nexus 5x off for repair because it had the boot loop issue.

I spoke to 2 different people from the repair centre, one told me it needs to be repaired and the other told me it needs to be replaced. Regardless they both said they have no stock of the parts or replacement phone and no idea when they will be able to get stock.

I have then spoken to 4 different people from Telstra including a supervisor to simply ask for them to allow me to recontract on a new plan with the recontracting fees waived (current contract expires in 5 months). Everytime they tell me I just have to wait for the phone to be repaired or replaced.

My understanding of consumer law was that if the phone has a major fault they should provide me so alternate options like a different replacement phone or even allow me to cancel the contract.

Anyway, just trying to understand where I stand here and what I should be telling Telstra in order to get a resolution. I have explained my rights under consumer law but they refuse to accept.

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Comments

  • whooah1979 on 06/08/2017 - 11:06

    how long has it been since telstra accepted the return of the item?

    • jarrod63 on 06/08/2017 - 11:15

      3 weeks

  • serpserpserp on 06/08/2017 - 11:09
    +1

    No where have you provided the remedy time Telstra has suggested. How long will it take them to organize a fix or replacement? Why can't you wait that period?

    If your phone has a fault and Telstra are giving you a remedy within a reasonable timeframe then what is the problem?

    • jarrod63 on 06/08/2017 - 11:16

      They cannot give a timeframe. They just said they dont know when or if they can get a replacement phone or parts.

      My understanding was if there is a major fault then its up to the customer what resolution they choose

      • whooah1979 on 06/08/2017 - 11:29
        -2

        They cannot give a timeframe. They just said they dont know when or if they can get a replacement phone or parts.

        ask them for the item back. then contact lg directly for a rma.

      • Ocker on 06/08/2017 - 11:52
        -4

        What if the "major fault" has been caused by your misuse?

        • grimace3 on 06/08/2017 - 21:37

          Well seeing as the bootloop issue is know for the Nexus 5X, then how can that be caused by the Ops "misuse"? Lol

  • whooah1979 on 06/08/2017 - 11:28
    +1

    My understanding of consumer law was that if the phone has a major fault they should provide me so alternate options like a different replacement phone

    they're required to provide a remedy for major faults.

    you've the right to request for a specific remedy, but getting your request is a different matter.

  • ronnknee on 06/08/2017 - 11:37

    Yes.

  • Gronk on 06/08/2017 - 11:56
    +2

    Short answer, yes, but you might need to put your boxing gloves on.

    Both my partner and I had issues with our S3's a few years back, it was a common flaw for that model phone where it would reboot randomly, the mic and speaker were also only working intermittently.

    Telstra's initial offer was to repair the unit meaning I'd be without a phone for between 4 and 6 weeks with no option for a loaner, during which I'd still be liable for my bill payments despite not being able to use the service.

    I declined and deferred the case to the TIO, within 2 weeks I'd been released from my contract at no charge and was free to go and grab another phone / plan.

    I had to fight much harder to get the same outcome for my other half when her S3 started doing the same thing, but we got there in the end and were both released from our contracts at no charge.

  • Word on 06/08/2017 - 12:27

    Absolutely.

  • lookatthesizeofthat on 06/08/2017 - 13:51
    +1

    Best to contact them in writing, email is just fine. Once you have written evidence you have way more power and will probably get this sorted quicker mate.

  • Diji1 on 06/08/2017 - 14:37

    Don't try and contact or negotiate with the telco, it's a waste of time.

    The solution is to make a TIO complaint.

    • serpserpserp on 06/08/2017 - 15:09

      To make a TIO complaint you do have to exhaust your options with the telco though.

  • JimmyF on 06/08/2017 - 15:52
    +1

    one told me it needs to be repaired and the other told me it needs to be replaced.

    Both could be right. The repair is to replace the main board.

    I have explained my rights under consumer law but they refuse to accept.

    Its been 3 weeks, ROUGH but still within the limits I guess. After 4 weeks, then thats a different issue.

    Ask for a loan phone of equal to the 5X

    • jarrod63 on 07/08/2017 - 08:57

      They gave me a galaxy s5 however charged me a large deposit to take the phone, my concern is if i return it with the smallest scratch they are going to try and keep my deposit. The longer i keep the loan phone the bigger they chance of something happening.

  • [Deactivated] on 07/08/2017 - 07:50

    Just went through this whole process with Telstra for my 5x. Of course they need to abide by consumer Law (it's also listed on their website which is always good to point out to them).

    https://www.telstra.com.au/consumer-advice/faulty-products

    They sent a replacement within 2 days for mine despite me telling them I didn't want one (I asked for a refund because I suspected the new 5x would have the same issues).

    Their website states it should take 4-6 days for them to assess and repair it unless unforseen circumstances arise. I think 3 weeks is becoming excessive. LG in the US were issuing refunds when they didn't have the parts in stock (thus a lawsuit against them was dropped). Asking for a refund is an option you might want to pursue but you might run into the same hassles.

    Tell them you're going to complain to the TIO because despite having to exhaust all of your efforts with them before the TIO will take it on, it tends to speed things up from their end. Plus they can be issued with big fines for not complying with consumer guarantees.

    • jarrod63 on 07/08/2017 - 08:55

      Thanks very much for your help, i will contact them again today and if I get no where ill take your approach.

  • Associated87percent @ Telstra on 07/08/2017 - 08:43
    +1

    i'll start off by saying that i work for telstra, but this happened on a normal consumer plan (not some staff thing). My S7 developed a fault where it wouldn't focus, took it to Samsung who said it was faulty and I could either deal with them (7-10 day turnaround for a new handset) or go to Telstra and get them to deal with it. Decided to deal with Telstra and went into a store. Sent it off for repair, gave me a crappy handset (like really crappy, wouldn't even switch to 4G) and 2-3 days later i received a refurbished phone. That 2nd phone was worse than my first one, it rebooted constantly and basically unusable. So i went back into the store, and asked them to send it off again. This time, the guy suggested i lodge an "ACL Claim". Few days later, I received a call from Telstra saying the phone was faulty and if i wanted to repair or replace.

    If you're getting no luck dealing with 24x7 chat, or phone, go into a store and deal with them there.

    If that doesn't work, send me a pm with your details and i'll get it checked out

    • jarrod63 on 07/08/2017 - 08:56

      Thanks, I will try and resolve it today again and if no luck i will let you know.

  • Gunther on 07/08/2017 - 09:52

    Cool clickbait title by the way.

  • lovepeoplenotmoney on 12/08/2017 - 11:19

    Hold Telstra to what you have been told, tell TIO of the reference numbers

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