E71 customer suit Nokia on E71 video recording, ask refund!

Regret_n SG

I'm really regret about Nxxx and its customer support. Their E71 really doesn't support VGA 640 x 480 at 22fps video recording. But Nxxx refuse refund and force me still use Nxxx phone. I will seek justice from Small Claims Tribunals. I'm a little customer and don't have much legal knoledge. If anyone have better idea, please let me know.
I will also post my suit progress here.
1. I bought a Nxxx E71 White Steel from SingTel Hello shop with 24 months contract at West Mall on 30, Nov, 2008. I paied S$278 plus S$60 through trade in my Nxxx6280 handphone.
2. At 17, Dec, 2008, I found the video recording is 320 x 240 at 15fps resolution. I checked Nxxx Singapore official site http://www.Nxxx.com.sg/find-products/products/Nxxx-e71/specifications, it stated that VGA 640x480 is the 22 fps for the Nxxx E71. I stored the web page on my computer.
3. Start from Jan, 2009, I called Nxxx hotline two times one this problem. At 7, Jul, 2009, I sent the phone to Nxxx Care @ Wheelock Place. The staffs tested the phone and told me they will update the firmware to latest version. At 2nd day, I got the upgraded phone back and checked the video recording, it still don’t support 640 x 480 (VGA) up to 22 fps video recording.
4. At 3, Aug, 2009, I wrote Email to [email protected] complain the video recording problem again. Careline officer still insist that "VGA 640x480 is the 22 fps for the Nxxx E71" at 5, Aug, 2009. At 6, Aug, 2009, the same officer even told me he tested E71 that can record video recording VGA 640x480 at 22fps.
5. At 7, Aug, 2009, Another careline office admited "we have tested the Nxxx E71 Video recording feature again and we have confirmed that the highest Video resolution is 320 x 240". During 7, Jul, 2009 to 7, Aug, 2009, Nxxx website removed "640 x 480 at 22fps" from E71 video feature page (http://www.Nxxx.com.sg/find-products/products/Nxxx-e71/specifications)
6. At 1, Sep, 2009, I requested Nxxx officer to refund my E71, she told me "Nxxx doesn't have refund policy" and refused refund.

Pitot SG

I understand where you are coming from but does it really matter so much on whether the video recording 320 x 240 at 15fps or 640x480 at 22fps?

Is it really crucial for your video function to be at 640x480 at 22fps?

Meaning that if you knew that the video recording wasnt at 640x480 at 22fps you wouldnt have bought the phone?

Kenashi SG

trying to pick bones in an egg.

haiz, get a video camera lah, problem solved....

Shao Wei SG

I'm really regret about Nokia and its customer support. Their E71 really doesn't support VGA 640 x 480 at 22fps video recording. But Nokia refuse refund and force me still use Nokia phone. I will seek justice from Small Claims Tribunals. I'm a little customer and don't have much legal knoledge. If anyone have better idea, please let me know.
I will also post my suit progress here.
1. I bought a Nokia E71 White Steel from SingTel Hello shop with 24 months contract at West Mall on 30, Nov, 2008. I paied S$278 plus S$60 through trade in my Nokia6280 handphone.
2. At 17, Dec, 2008, I found the video recording is 320 x 240 at 15fps resolution. I checked Nokia Singapore official site http://www.nokia.com.sg/find-products/products/nokia-e71/specifications, it stated that VGA 640x480 is the 22 fps for the Nokia E71. I stored the web page on my computer.
3. Start from Jan, 2009, I called Nokia hotline two times one this problem. At 7, Jul, 2009, I sent the phone to Nokia Care @ Wheelock Place. The staffs tested the phone and told me they will update the firmware to latest version. At 2nd day, I got the upgraded phone back and checked the video recording, it still don’t support 640 x 480 (VGA) up to 22 fps video recording.
4. At 3, Aug, 2009, I wrote Email to [email protected] complain the video recording problem again. Careline officer still insist that "VGA 640x480 is the 22 fps for the Nokia E71" at 5, Aug, 2009. At 6, Aug, 2009, the same officer even told me he tested E71 that can record video recording VGA 640x480 at 22fps.
5. At 7, Aug, 2009, Another careline office admited "we have tested the Nokia E71 Video recording feature again and we have confirmed that the highest Video resolution is 320 x 240". During 7, Jul, 2009 to 7, Aug, 2009, Nokia website removed "640 x 480 at 22fps" from E71 video feature page (http://www.nokia.com.sg/find-products/products/nokia-e71/specifications)
6. At 1, Sep, 2009, I requested Nokia officer to refund my E71, she told me "Nokia doesn't have refund policy" and refused refund.

now then u know?

i last time got a handphone went for servicing and they lost my phone..

wow

since then i nv make a purchase for any nokia phone

Pitot SG

now then u know?

i last time got a handphone went for servicing and they lost my phone..

wow

since then i nv make a purchase for any nokia phone

this one best

mlmersrlosers SG

under the consumer law, u can sue the manufacturer for misrepresentation. (No kidding).

But before that, u try negotiating with the manufacturer first see if it is possible for them to arrange a refund for you with the retailer.

But you cannot do anything against the retailer cos its the manufacturer who made the phone.

But the costs of lawsuit for a small matter such as this is definitely not worth it.

limpper SG

now then u know?

i last time got a handphone went for servicing and they lost my phone..

wow

since then i nv make a purchase for any nokia phone

woah, in the end nokia gave you a new one?

mlmersrlosers SG

Warranties and representations

It is common to see a warranty clause opening with the words “[the party]…warrants and represents that…”. The addition of the word “represents” is important as it seeks to introduce the precontractual reliance concept that leads to remedies in the tort of misrepresentation.

Whilst breach of a warranty does not, if strictly construed, entitle the innocent party to terminate, breach of a representation can constitute a misrepresentation which introduces alternative remedies such as rescission (provided that the relevant rules on what amounts to an actionable misrepresentation are satisfied). Damages for misrepresentation are also normally calculated on a restitutionary basis (i.e. putting the innocent party in the position he or it would have been in had the misrepresentation not taken place) rather than being based on expectation loss (which is the case for normal breach of contract claims). While an effective entire agreement clause will allow a defendant grounds to challenge claims for pre-contractual representations, a representation expressly forming part of the written contract may well remain operative.

If an “intelligent bystander” would reasonably infer that the parties intended a statement to be contractual, then it is likely to be construed as a representation.⁴ Further, a statement is more likely to be regarded as a contractual term if one of the parties stresses its importance and makes it clear to the other party that it is crucial to a decision whether or not to enter into a contract.⁵

^{source: http://www.dlapiper.com/singapore/publications/detail.aspx?pub=4243}

Regret_n SG

If I know E71 can't take 640x480 at 22fps video, I will not choose it.

My previous phone is Nxxx 6280, it will take 640x480 at 15fps video. I used that phone for more than two years. I used for high qulity the video it taken. If I know E71 only take 320x240 at 15fps video, I will don't consider it. If we count the video information E71 taken(it only at 320x240 at 15fps), it is less than 19% of 640x480 at 22fps. It is a very large different.

Regret_n SG

I tried negotiating with the Nxxx about refund. They rejected. They told me, if I want refund, please ask 3rd party such as court. That is why I go to court ask refund.

ditzy SG

My problem is the other way around, nokia never claimed to have such specs in the phone, but when I bought it, it got it.

MyNameisNas SG

u can try CASE nokia yknow..... i had heard of peops winning 1k just by doing that......

limywv SG

Whatdatoot SG

nokia after sales service very ccb, luckily my old phone can withstand 7 times of repair. from then on i never ever buy nokia.

Pitot SG

nokia after sales service very ccb, luckily my old phone can withstand 7 times of repair. from then on i never ever buy nokia.

I have used 8 phone models from nokia in my lifetime,

3310,8260,3230,6230,6280,N95,E51&1650

never once did i have to repair or send for servicing.

I think u suay. or dont know how to take care of your phone.

mlmersrlosers SG

I tried negotiating with the Nokia about refund. They rejected. They told me, if I want refund, please ask 3rd party such as court. That is why I go to court ask refund.

they challenge u ar? u prepare to go to court?

then sue the manufacturer for misrepresentation. U may want to consult a lawyer on this.

Pitot SG

My problem is the other way around, nokia never claimed to have such specs in the phone, but when I bought it, it got it.

Xray camera?

Hello Kitty SG

for me, can call can oladi.

TWE SG

To shao wei , you should have kicked up a big fuss over it when they realise they told you they have lost your phone . Ask them to compensate you for your lost of contacts in your hp " if there really is any loss of contacts ) You can claim back alot of things this way and maybe even can chose a hp of your choice plus assessories till you are happy with the things they compensate you .If they try to act innocent or try to make alot of excuses then make an offical complaint to nokia headquarters abt it .

Last time when i was working in one of the " well known " nokia care center there . an ang mo came to repair here hp and theres only a note saying " try not to delete hp contacts if possible " But as this was not possible i formatted the whole thing inclusive of the contacts in the hp . The when the ang mo come she make a big fuss over it when she claim back the hp . When this thing was brought to my supervisor you know what he tell me ?

He told me that if that ang mo wants to take action , he will let the ang mo pick any hp AND assessories UNTIL she is satisfied with the compensation and the bill will be DEDUCTED from MY salary as compensation for my mistake .After i heard that abt 2 month later i resigned . Although the ang mo did not take any actions saving my "pockets" from buring a ultra big hole . What i am disgusted with is that our technical grp of technicians and even engineer can be under a supervisor who comes from a customer service sector with no repair or technical experience nor background . And also last but not least the way our supervisor tries to " protect " his own pple , utterly useless scum .

Regret_n SG

I keep their site image here. I print the page and bring them to Nxxx Care @ Wheelock Place.
Nxxx staff also inisted E71 support 640 x 480 at 22fps video recording.
http://sites.google.com/site/university4usa/_/rsrc/1252031331362/i-will-suit-Nxxx-on-e71-video-recording-problem-tomorrow/Scanned_E71_Spec878x621.jpg

They already removed E71 support 640 x 480 at 22fps video recording from their website now. But they can not deny it was there for a long time.