T-mobile sidekick slide problems?

So i got my sidekick slide scarlet 4 months ago off ebay. It was brand new never opened. Well now im having some problems with it. Well i charged it over night and when i unplugged it it dropped 3 bars of battery within 5 minutes. Then it also erased my contacts and everything on my phone twice like 2 weeks ago. Sometimes the trackball doesn't work at all but then it starts working 5 minutes later. It also has freezed up twice. Ive had a phone that was faulty and i got a new one for free. Do you think t-mobile would be able to give me a new one? Cuz these problems are getting annoying. But even though they discontinued the sidekick slide would they be able to send me one if they found it was faulty?