Why won't Orange replace my Nokia X6 with the same phone?

I signed up in March 2010 for a two-year contract with Orange for a Nokia X6. In February this year, the phone gave me so much trouble it was replaced by another Nokia X6. That broke down after just over a month. Orange sent me another replacement phone but it was a Nokia C3, which I had not asked for.

After many discussions with Orange about this I was told that even though I didn’t want the phone, I had accepted it and was refused a replacement Nokia X6.
John Newton

We have contacted Orange because we see this as breach of contract.

Mr Newton’s contract with the mobile operator includes both the phone and the service airtime. They cannot be separated. There is no complaint about the service but if the phone is faulty he can return it under the Sale of Goods Act for a replacement, which he had done three times.

These replacements do not have to be brand-new phones but they must be of the same specification and model, unless agreed otherwise by the consumer, and – importantly – they must be fit for purpose.

Orange has tried to argue Mr Newton accepted the Nokia C3. After a customer has had goods for a certain length of time, they are deemed to have accepted them. But Mr Newton had made it clear that he did not consider it an adequate replacement.

Orange has broken the contract by offering Mr Newton a phone he does not want. If it can’t find a Nokia X6 that is fit for purpose, it should agree to end the contract.

On our advice, Mr Newton contacted Orange and is returning the phone to the company. We also contacted the mobile operator and said that, in our eyes, it is in breach of contract by not supplying him with the phone specified as part of the deal. Orange has now sent him a new Nokia X6.