Advice on Virgin Mobile Repairs Refusal

17
Found 4th Jul
Last year I took out a contract with Virgin Mobile, after 9 months I paid off the handset in full and cancelled my contract and left Virgin for Three..

at exactly 11 months and 29 days from receipt of my iPhone it became faulty wont charge and wont turn on, its dead..
I was on holiday at the time and contacted Virgin to arrange a repair or replacement, they told me, that as I left them they are under no obligation to fix it.. Now I know this is untrue they sold me the handset and therefore are the retailer and my contract is with them, Apple wont entertain it as by time I contacted them they said it was over 1 year even if it was by a couple of days..

So I have made numerous contact to Virgin usually resulting in them denying responsibility for the repairs and then hanging up on me, I cannot get through to a UK call centre, I have used resolver and no reply now after 1 week.. I have proof of purchase showing date of purchase and records of all calls and emails to them.


I do not want to go down small claims but will if I have too but does anyone have any advice on who to contact or a number or email? pulling my hair out with it.
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17 Comments
Virgin are required as your contract is with them, they will probably determine the fault is with port down to your use.

you should have took it to Apple they are generally good within warranty. Keep badgering virgin because they are required to do this
Consumer Rights Act 2015. Generalisation of legal requirements is that 6 months after purchase any faults claimed to be due to faulty parts / manufacturing need to be proven by customer to be present at time of inheriting ownership of the product (generally day of purchase, depending on any order / delivery timeframe) and claimed against retailer, not manufacturer. The cost of a credible independent professional assessor to show faulty parts / manufacture may be recoverable from the retailer - if the fault is proven. Decent guide with letter template at which.co.uk/con…act
AndyRoyd3 m ago

Consumer Rights Act 2015. Generalisation of legal requirements is that 6 …Consumer Rights Act 2015. Generalisation of legal requirements is that 6 months after purchase any faults claimed to be due to faulty parts / manufacturing need to be proven by customer to be present at time of inheriting ownership of the product (generally day of purchase, depending on any order / delivery timeframe) and claimed against retailer, not manufacturer. The cost of a credible independent professional assessor to show faulty parts / manufacture may be recoverable from the retailer - if the fault is proven. Decent guide with letter template at https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act


Yeah they are not saying that I have to prove a fault, as I would just argue that a reasonable amount of time on a 24 month contract is at least 24 months, but they are saying they just arent responsible for repair claims as i took my airtime agreement away from them, and it was a Freestyle contract in which you are allowed to do just that as per the contract agreement.
Just go to Apple, they'll sort you out a lot quicker than Virgin will. They fixed my wife's MacBook Air when it was 4 years old for free so if the phone is in good condition cosmetically, you've nothing to lose but taking it down there and speaking to them. Point out the bit from the Consumer Rights Act about goods being expected to last a reasonable amount of time and go from there
The warranty is with Apple not Virgin. Virgin sell the phone with 12 months MANUFACTURERS warranty nothing more. Your failure to contact Apple means that you are now out of warranty and possibly out of pocket unless Apple agree to honour it.
cmdr_elito28 m ago

The warranty is with Apple not Virgin. Virgin sell the phone with 12 …The warranty is with Apple not Virgin. Virgin sell the phone with 12 months MANUFACTURERS warranty nothing more. Your failure to contact Apple means that you are now out of warranty and possibly out of pocket unless Apple agree to honour it.


Sorry but you are incorrect the Warranty is legally with the retailer, so Virgin, I spoke to Apple guys they are refusing to do it as its out of warranty. this is a pain how it broke literally the day before my warranty ran out.
cmdr_elito47 m ago

The warranty is with Apple not Virgin. Virgin sell the phone with 12 …The warranty is with Apple not Virgin. Virgin sell the phone with 12 months MANUFACTURERS warranty nothing more. Your failure to contact Apple means that you are now out of warranty and possibly out of pocket unless Apple agree to honour it.


The sole legal obligation in UK is with the retailer, not manufacturer. Manufacturer can offer a gesture of goodwill to repair but there is no consumer law that offers a route to enforce the manufacturer to perform. Even Apple states its warranty is voluntary at apple.com/leg…tml
MrSprkle1 h, 39 m ago

Yeah they are not saying that I have to prove a fault, as I would just …Yeah they are not saying that I have to prove a fault, as I would just argue that a reasonable amount of time on a 24 month contract is at least 24 months, but they are saying they just arent responsible for repair claims as i took my airtime agreement away from them, and it was a Freestyle contract in which you are allowed to do just that as per the contract agreement.


Clearly you do have to prove a fault as the retailer is refusing to perform.
AndyRoyd6 m ago

Clearly you do have to prove a fault as the retailer is refusing to …Clearly you do have to prove a fault as the retailer is refusing to perform.


They just state as the airtime contract is cancelled their liability for handset ended.. which is just plain wrong, no one their has a clue, sent emails, phoned many times even argued it on facebook.
MrSprkle10 m ago

They just state as the airtime contract is cancelled their liability for …They just state as the airtime contract is cancelled their liability for handset ended.. which is just plain wrong, no one their has a clue, sent emails, phoned many times even argued it on facebook.


Ye its not true but as others have said there is no 12 month warranty with Virgin. You would be expected to prove the fault was there as its after 6 months. I would go to apple and offer proof that you reported it with virgin at 11m 29days and hope they help you out.
That is unless your willing to do the whole court thing..
AndyRoyd42 m ago

The sole legal obligation in UK is with the retailer, not manufacturer. …The sole legal obligation in UK is with the retailer, not manufacturer. Manufacturer can offer a gesture of goodwill to repair but there is no consumer law that offers a route to enforce the manufacturer to perform. Even Apple states its warranty is voluntary at https://www.apple.com/legal/warranty/products/uk-ireland-universal-warranty.html


Your confusing contract law with warranty. The purchase contract is with Virgin, Warranty is with Apple, Apple perform the repairs etc usually at the request of the retailer but have the right to refuse it under certain terms as stated in your link. The retailer should offer a refund if it cannot/will not be repaired under warranty by the manufacturer BUT the retailer is only obliged to do this if the item is in mint condition and it can be demonstrated that it’s been used under normal use and within the 12 months, most people’s phones have scratches and minor chips out of the corner as they don’t use proper cases so if it has good luck demonstrating normal use, they will just say it’s been damaged by the customer which is the reason for the failure. Good luck OP.
MrSprkle41 m ago

They just state as the airtime contract is cancelled their liability for …They just state as the airtime contract is cancelled their liability for handset ended.. which is just plain wrong, no one their has a clue, sent emails, phoned many times even argued it on facebook.


At what stage do you accept that VM is not going to budge? It appears simple: merchant refuses to perform; customer obtains credible independant proof of unacceptable defect; customer issues legal claim; option of mediation, and if no agreement from mediation the legal system will decide if your claim is reasonable. Or is there an element to this story that is being withheld and making you reluctant to choose the legal route? Other option is just take it on the chin and move on.
AndyRoyd57 m ago

At what stage do you accept that VM is not going to budge? It appears …At what stage do you accept that VM is not going to budge? It appears simple: merchant refuses to perform; customer obtains credible independant proof of unacceptable defect; customer issues legal claim; option of mediation, and if no agreement from mediation the legal system will decide if your claim is reasonable. Or is there an element to this story that is being withheld and making you reluctant to choose the legal route? Other option is just take it on the chin and move on.


Nothing held back and as per a previous comment its mint been in case a tempered screen since day 1, i have no issues with the legal route wither bur wanted to resolve easier first, ive been on to apple today and explained that it broke within warranty a manager is calling me back at 4 I will update with their resolution

edit: forgive spelling and grammar I am using a new phone lol.
Edited by: "MrSprkle" 4th Jul
"Free of charge, 2-year guarantee (legal guarantee) for all goodsUnder EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

This 2-year guarantee is your minimum right. National rules in your country may give you extra protection: however, any deviation from EU rules must always be in the consumer's best interest.
"

europa.eu/you…htm

Might be useful
Edited by: "Voltix" 4th Jul
Voltix3 m ago

"Free of charge, 2-year guarantee (legal guarantee) for all goodsUnder EU …"Free of charge, 2-year guarantee (legal guarantee) for all goodsUnder EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.This 2-year guarantee is your minimum right. National rules in your country may give you extra protection: however, any deviation from EU rules must always be in the consumer's best interest."https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htmMight be useful



doesnt apply in the UK. Labour opted out of that regulation
Voltix15 m ago

"Free of charge, 2-year guarantee (legal guarantee) for all goodsUnder EU …"Free of charge, 2-year guarantee (legal guarantee) for all goodsUnder EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.This 2-year guarantee is your minimum right. National rules in your country may give you extra protection: however, any deviation from EU rules must always be in the consumer's best interest."https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htmMight be useful


Thanks but yes UK never adopted that one
As has been stated there is much confusion here over warrenty and legal requirements or statutory obligations, you need to be very clear if dealing with Virgin that you are not claiming under their warrenty so it's terms have no relevence.
As for the EU law, would of though it does actually apply as our membership is an agreement to follow those laws, it may help that case if Apple's EU HQ is actually located in the EU but whether the out of date thinking of most county court judges would be able to figure that one out would be a major gamble.
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