Why does the new Sense feature not work on my HTC smartphone?

I bought an HTC Desire smartphone from Carphone Warehouse in June. I was told that it had HTC Sense. When I tried to access the HTC Sense website, my phone would not register. I have returned to Carphone Warehouse numerous times and was told this feature was coming soon.

Then in October a friend bought an HTC Desire HD, and he boasted about how good the HTC Sense backup and edit facility was. Now I have been told that I can’t get this application for the phone I have.
Martin Rutherford

There are two different versions of the Sense user interface for HTC phones. Sense enables people to personalise their HTC phone. For example, using features such as the Friend Stream widget to bring all your contacts into one place or make your phone ring louder if you can’t find it.

Mr Rutherford’s phone does have Sense, so Carphone Warehouse did not mislead him. However, it came with an older version. The latest version was not announced until September, and Mr Rutherford bought his phone in June.

The new version works only with two new models: the HTC Desire HD and Desire Z handsets, and there is no plan to extend it to the older model Mr Rutherford bought.

We don’t think Mr Rutherford has a case for seeking redress under either the Consumer Protection Regulations (CPRs) or Sale of Goods (SoG) Act.

The CPRs were brought into force in 2008 and one of the practices it outlaws is misleading customers. The CPRs state “for a practice to be unfair… they must harm, or be likely to harm, the economic interests of the average consumer. For example, when a shopper makes a purchasing decision he or she would not have made had he or she been given accurate information”.

Once the new version of Sense was announced, Carphone Warehouse’s staff should not have told Mr Rutherford that he could expect an upgrade because they should have known that is was available only for selected and more recent models.

But as the newer version of Sense was not available at the time Mr Rutherford bought his phone, he was given accurate information at the time of purchase. Also, the handset is not faulty so it cannot be returned as not fit for purpose under the SoG.