Buying a mobile phone is one thing. Being able to use it is another. MAXINE GORDON found out just how frustrating it can be trying to get her phone repaired, while STEPHEN LEWIS seeks advice on what to do if you are being given the run-around

WHEN my mobile phone started playing up two months ago, I was relieved to discover it was still covered by a 12-month warranty.

I'd bought it over the telephone from Orange, but it was made by Motorola, so I rang its helpline.

Initially, I was impressed - a courier was despatched that day to collect my phone for repair. But when it came back three days later it was still not working. A note said the charger was faulty and asked me to send it off in the enclosed self-addressed envelope for replacement. Since there was no SAE included, I had to phone Motorola's helpline again to get the address, then find a padded envelope.

A new charger was promptly sent back, but my phone was still not working: the charge would run out every hour or so, rendering it useless.

Motorola told me to send it in again for a second repair. Once more it returned, still with the same fault.

Getting exasperated, I rang to complain. I was told to send it in again. I refused and demanded a replacement. Motorola said only a supervisor could authorise that, but none were free. I asked for one to call me back in 30 minutes as I was going away for the weekend. No one did.

I returned from my trip - one of the few times when my phone would have been useful - to find a message on my answer phone telling me to send the unit in again as it had to be repaired three times before a new one could be issued.

I sent it off once more. By now, I had little faith it would come back working, but at least I'd be closer to getting a new one.

Or so I thought.

My instincts were right. When the phone came back, it still wasn't working. I called Motorola and was told to send it in and wait for a new one.

Three days later a package arrived. Excited, I opened it. Instead of a new one, it was the old one, repaired again and with a new battery.

I immediately rang Motorola to find out why I hadn't been sent a new phone.

"Who told you you were getting a new phone?" asked the telephonist aggressively.

By this point, I felt I was caught up in some Kafka nightmare, going round and round in circles.

In the end I was assured I would be getting a new phone and a supervisor would call me in a day or two. Five days later, I was still waiting for a call.

I rang again. This time, I was given an apology and told a supervisor would be calling, "but I can't give you a date. It could be this week, it could be next week."

Unsure when my new phone will arrive, I've put the new battery in the existing phone, and hey presto it seems to work. Which is just as well, as I'm not sure when my new phone will arrive, let alone when Motorola will get back to ringing me about it.

I only use my phone for emergencies, but had I needed my phone for work, I would have had to buy a new one. But perhaps that's the idea all along?

As Maxine's story reveals, while mobile phone companies may be great at soliciting your business in the first place, they're not always so good when something goes wrong with your phone.

Maxine was told Motorola's warranty policy was not to replace phones until they had been returned for repair at least three times. When she tried to straighten matters out, she found herself in a nightmare world of evasion, delay and, at one point, downright hostility.

Surprisingly enough, when the Evening Press contacted Motorola's press office about Maxine's case, things suddenly began moving very quickly.

Within hours she was offered an apology and a new, upgraded phone, which would be despatched that day.

Then Hans Smans, Motorola's country support manager for the United Kingdom and Eire, emailed to repeat the apology. He confirmed policy was three repairs before offering a new phone, but added: "We regret the above policies were not properly explained to you and were not executed effectively.

"We are grateful for your patience and the time you have taken to give us this feedback. I can confirm an appropriate action plan will be put into place to deal with the issues which you have highlighted, since we continue to seek ways to improve our customer services."

So, service with a smile at last. But you shouldn't need to resort to the threat of media publicity to get decent service, should you? And you shouldn't be expected to send a phone back for repair three times before getting a new one?

Absolutely not, says Liz Levitt of York Trading Standards.

If your mobile phone has gone wrong and it's still within its warranty period, the company deserves a chance to repair it before replacing it, Liz says. But expecting it to be returned three times for repair is unreasonable. Whatever the warranty says, under the Sale of Goods Act (or Sale of Goods and Services Act if your package includes services as well) you have the right to expect and demand a working product. One chance at repair is enough.

"If it is faulty, it's faulty," Liz says. "If they cannot put it right after one attempt, they have not effected the repair. You can reject it and ask for another one or your money back."

If the company kicks up a fuss or gives you the run-around, she says, you write, giving them a certain amount of time to resolve the issue and threatening them with legal action if they don't. Trading Standards have standard letters, quoting all the relevant law, that will help you to do just that.

"So the advice is to contact us," Liz says. Otherwise you could end up running round in circles, just the way Maxine did.

York Trading Standards can be contacted on 01904 551562.