Dealing with mobile phone problems Complaining about mobile phone problems

To get a repair or replacement for a faulty mobile handset

Step 1 - complain to the mobile retailer or manufacturer

Depending on how long you've had your mobile handset, do one of the following:

• Contact the retailer you bought the mobile handset from. Describe the fault and ask for a replacement, or to arrange to have your phone repaired. Ultimately, the retailer can choose whether it wants to repair or replace the handset (normally depending on which is cheapest) but it doesn't hurt to ask for whichever you'd prefer.
• If the mobile phone is within its guarantee period, contact the manufacturer, explain the problem and ask for a repair or replacement.

Step 2 - put your complaint in writing

If the retailer or manufacturer won't help, write to the retailer (not the manufacturer) saying that under the Sale of Goods Act, the mobile phone is not of ‘satisfactory quality’ and you are exercising your right to have it repaired or replaced. Tell the retailer that if it doesn’t arrange to do either of these within a reasonable time, you will start proceedings in the small claims court (see sample letter).

For more about doing this, see our Dealing with faulty goods report., and our guide to the small claims court for more about this.

Before starting any court proceedings in England and Wales (even in small claims) parties now have to follow the Practice Direction on Pre-Action Conduct.

The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court. The parties should be open about their claim and defense and shouldn’t hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR), in this case either CISAS or OTELO , which is open to them that could resolve the dispute rather than going to court.

Obviously not all cases may be suitable for ADR, but it at least should be considered, along with the other requirements of the Practice Direction on Pre-Action Conduct, which should be looked upon as a form of best practice, otherwise the court could impose sanctions for failure to comply with the Practice Direction.

We have produced a template letter, in accordance with the Civil Procedure Pre-Action Protocol 'A letter before action' which is available at: http://www.which.co.uk/advice/taking-a-dispute-to-the-small-claims-court/sample-letter/index.jsp

Step 3 - make a claim to your credit card company

If you paid for the mobile phone with a credit card and you spent more than £100, you can take your claim to the card company. See the Which? guide to paying by credit card for more on your rights when buying a mobile on your credit card.

Step 4 - initiate small claims court proceedings

As a last resort, you could take your claim to court under the small claims procedure. However, this is a last resort and you will need to weigh up the risks, as if you lose you will be liable to pay a fee. 

Take a look at the Which? guide to using the small claims court. 

Otelo and Cisas can help resolve mobile complaints

If a mobile service provider continues to bill you after you've cancelled

Don't forget that most mobile service providers require 30 days' notice of cancellation, so they're allowed to bill you for this outstanding period. But if you're confident your provider is billing you in error, complain. 

Step 1 - contact your mobile service provider

Ask it to stop billing you and to refund any contract payments it has taken in error.

Your mobile service provider's details will be on its website or on your mobile phone bill. If you phone to tell the company, it's probably worth following up with a letter confirming what you said and what the company agreed to in the conversation.

Step 2 - let your bank know about the problem

Contact your bank or credit card company and ask it to stop making payments to the mobile service provider.

Step 3 - put a formal complaint in writing

If the mobile phone company refuses to refund money it owes you, write again. Restate your case regarding your complaint, saying that if the company still refuses to refund your money, you would like a ‘deadlock’ letter, so that you can take your complaint up with either Otelo or Cisas (whichever one your mobile service provider belongs to) – see Sample letters.

Step 4 - contact your mobile operator's dispute resolution service

If you receive a deadlock letter from your mobile provider, you can take your complaint to Otelo or Cisas. If you don't receive a deadlock letter, you must wait eight weeks from the time you first complained about the mobile billing before taking the matter to Otelo or Cisas.

Check the Otelo or Cisas websites for their procedures for making a complaint.