Virgin Mobile consumer rights...

15 replies
Found 4th Nov 2009
Hi people. Can anybody tell me my "rights" in the following situation please?
I am 15 months into an 18 month contract with Virgin Mobile. I am on a fairly low usage monthly plan, and the phone was "free". However, after about 9 months, the handset broke - I didn't break it as such, it seems to be a common fault with the phone. They replaced it, with a refurbished phone, which they normally cover for 6 months from purchase.

However, it has broken again, the exact same problem as before, after about 5 months (am trying to confirm the dates at the moment to check this). This time, they have said they won't replace it, because my warranty only covers the first 12 months of my phone contract - from the date i got the original phone, *not* from when i received the replacement.

so if i had got the replacement after 11.5 months, they would only have replaced it, if it had broken within 2 weeks or so, and after that point by their stance, it's up to the manufacturer if i want to chase it up.

if the phone has broken (twice, two different phones - it definitely wasn't a repair on the first phone), then the "goods" aren't of "sufficient quality" in the first place, and i am covered by that..? or am i being too hopeful.

cheers in advance.

15 Comments

Banned

just ask for an upgrade...........

Original Poster

they have said i am "due" an upgrade if i wait til the 9th. i wasn't going to renew my contract with them though.

Banned

thingonaspring;6778362

they have said i am "due" an upgrade if i wait til the 9th. i wasn't … they have said i am "due" an upgrade if i wait til the 9th. i wasn't going to renew my contract with them though.



so what were you going to do?

the 9th is only a few days - it would take longer to sort out the hassle than to sit and wait for the 9th to come around

Original Poster

switch companies, get a decent deal on a better phone. i'm on a £15 per month for 150 mins and 150 texts at the moment, and i'm not too enamoured with the selection on virgin at the moment.

if i wait til the 9th, my contract doesn't end until the 9th january, it's just this is the earliest date i can upgrade, but it does mean i'm then stuck with virgin for the remaining 3 months, plus another 12 or 18 months beyond that, just to get a working phone. well technically i have a working phone because i've reverted to an older one, but still...

Freebies are part of the sold product/service.

The dealer is not just responsible for the part you paid money for, but must also take care of any items you got as an incentive for buying/subscribing.

If they refuse to repair/replace the phone you are entitled to cancel the contract.

Call them, don't bother talking to the CS rep, ask for his super straight away.

Banned

SUMMONER;6778538

Freebies are part of the sold product/service.The dealer is not just … Freebies are part of the sold product/service.The dealer is not just responsible for the part you paid money for, but must also take care of any items you got as an incentive for buying/subscribing.If they refuse to repair/replace the phone you are entitled to cancel the contract.



says you.............

dimebars;6778547

says you.............



Based on practical experience. In my previous job we once had to refund a laptop, after an altercation with Trading Standards over a broken mini LCD TV that came free along with it.

Original Poster

cool thanks guys. the nokia looks quite interesting, but i'm considering something like a blackberry or a htc hero type phone next i think. though that depends on what deals appear on HUKD around january 9th i guess

What brand is it as most come with a MANUFACTURERS 24 months warranty?

Original Poster

it is a samsung u600 - nothing overly fancy or expensive. but i believe it should still work for longer than 5 months... and the other problem with upgrading is, the warranty will be the same for the new phone, except this time, i'll have 9 months of using it that won't be covered rather than the current 6?

Comes with 2 year warranty - take it to Carphone Warehouse for repair.

thingonaspring;6790323

it is a samsung u600 - nothing overly fancy or expensive. but i believe … it is a samsung u600 - nothing overly fancy or expensive. but i believe it should still work for longer than 5 months... and the other problem with upgrading is, the warranty will be the same for the new phone, except this time, i'll have 9 months of using it that won't be covered rather than the current 6?



what is the problem with the u600?

EliTom

Contact Samsung directly. They might have a section on their website where you can arrange to send a phone in for repair/replacement under warranty. If not, call them up.
If you've only had that particular handset for 5 months, then you're sure to be covered under their warranty. Bypass Virgin totally, they'd probably only send it on to Samsung for repair anyway.

Original Poster

basically it's a slide phone, and all of the main navigation buttons are on the top slider. and the buttons just freeze up and stop working. meaning you can't do anything except answer a call (by sliding it open) and ending the call by sliding it shut.
i wasn't sure whether samsung would just tell me to go via the retailer, since you're always advised that despite what the retailer tells you, it's their responsibility to sort it out, and not the manufacturer..?
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