Cell Phone defect that Cingular cannot solve

I have this phone as well. I have done some research and it is a
problem II and many others are having. They refuse to replace the
phone. I for one do not want another N75. It over heats, freezes up
an, drops calls and has the shortest battery life of any cell phone I
have ever owned. AT&T warranty will not replace the phone because of
the physical damage to the inside hinge but the damage is caused by a
defect in the phone. Yopu can do nothing but bend over as they will
offer to allow you to purchace a new phone.

It's defective not defected. If I recall correctly, according to the
man, any cracks on the hinge where it opens up is not covered under
warranty and is considered physical damage. Since Cingular didn't
produce the phone they have to go by the man guidelines. It is the
man that Cingular, or any of the cellular providers, what they can and
cannot cover under warranty. You would need to call the manufacture
(Nokia) to discuss repair of the phone and the warranty. The warranty
is for a limited number of manufacture defect, per the manufacture.
The warranty doesn't cover physical or liquid damage.

I take it you don't have equipment insurance. The insurance covers
physical and/or liquid damage.

Regardless whether the cracks happened over time or were there when
you bought the phone, you didn't alert them or send the phone in for
repair within the first 30 days, whether you noticed it or not.

You can call the man, but chances are they are going to claim physical
damage also, so your best bet would either to be to cancel (with ETF,
if you are still under contract), or buy another phone.

Defected? What did it go to Russia?

How did it break? Did you drop it?

Was the phone defective in this way when you bought it, or did it work
for awhile and then stop?

If it worked for awhile and then stopped, what happened to cause it to
not work right?

I suspect that the point of disagreement between you and Cingular is
over whether the phone was damaged in a way that voids the warranty.
If it was damaged in a way that voids the warranty, then you are
probably responsible for getting it fixed, replacing it, or living
with it the way that it is.

If you're saying that the damage is covered by warranty, then I think
you should rewrite this letter or make another call, answering the
following questions clearly:

1. What exactly is wrong with the phone?

2. Was the phone damaged when you got it?

3. If it was not damaged when you got it, when was it damaged?

4. If it was not damaged when you got it, how did the damage happen?

5. When did you first report this problem to Cingular? What did the
representative say?

6. If the representative told you to do something, did you do it?
When? What happened?

7. Have you made any more attempts (after the first contact and before
writing this letter) to get Cingular to fix your phone? When? What
happened?

Right now, Cingular's representative seems to have made it pretty
clear that your broken phone is not Cingular's problem. That means
you have to persuade someone with the authority to get your phone
fixed that the initial representative is wrong. I don't know whether
or not you can do that, but this letter won't persuade anyone. It
really comes off more as if you don't understand how your warranty
works and believe you are owed something that you are not in fact
owed. That's definitely not the message you want to get across.

(Incidentally, I think the word you're trying to use is "defective".)

I wish you could have written a letter that was not defected.