[keetah992000]

well after a bit of a slog - and working the system to our advantage we have got the phone exchanged.
I rang customer service saying I wasnt really happy with sending a brand new phone away for repair and maybe having to pay for it, but that repair was the only choice we were being given. They suggested going to a different branch and said they couldnt really make a decision as they hadnt seen the phone - I said seeing the phone wouldnt make a difference surely because the fault was there when purchased.
So i visited the blackburn branch and told them what was happening and they said ( without seeing the phone) that i had every right to exchange or refund and to call customer services, ask them to call the branch iopurchased from and tell then them the phone had to be exchanged or refunded and when to expect me in for the exchange. Customer services did this and we took the phone back today and got it exchanged - it took nearly an hour but we got polite service. So stick to your guns if you have a problem similar, and dont go in all guns blazing just be polite and act a bit dumb if need be - it seems to get you further. Thanks to all for your help