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    What are my rights regarding the warranty for a K800i mobile?

    I bought my son a Sony Ericsson K800i mobile from Virgin for Xmas, and he got his phone out of his pocket after getting out of the car to find the screen not working (blue in colour with a black ink type mark on the screen no cracks to the outer casing. I spent over half an hour on the phone with Virgin on Thursday, and the lady said it must have been dropped so is not covered. If it was just my son's word i was taking i might have believed it, but my hubby was with him and told me he didn't drop it so dug my heels in and said how much money as a family we pay out to them each month, etc. After spending half an hour on the phone the woman told me that she had to get authorisation from her line manage & would phone me back. No call back has been received. Should i call them again or just give up? Any tips?

    13 Comments

    Just give up, the screen has almost certainly been damaged. Unless you have insurance, I don't think you're going to get anywhere.

    You could always just buy a new screen.

    it is probably just the contacts that have come away inside the phone, my sons did this and i fixed it myself, other than that i recommend you take it to a repair shop to have a look as if it is this they shouldn't charge you.

    take it to the shop and get them to look at it

    sony ericsson's come with a 2year warrenty

    If the phone is not damaged and has no marks on it to suggest this is the case, take it back to the shop you bought it from and they are legally obliged to return it for repair under warranty at their expense. Do not take no for an answer. A couple of weeks tops beyond which they should replace the phone.

    Original Poster

    KDH001;1687479

    If the phone is not damaged and has no marks on it to suggest this is the … If the phone is not damaged and has no marks on it to suggest this is the case, take it back to the shop you bought it from and they are legally obliged to return it for repair under warranty at their expense. Do not take no for an answer. A couple of weeks tops beyond which they should replace the phone.



    I bought it from Virgin Mobile online, that's why i had to phone Virgin, they haven't phoned me back when they said they would, when i spoke to them on the phone on Thursday, she kept on putting me on hold (the longets time was over 15 mins!! Think i will try phoning them again now...

    Banned

    KDH001;1687479

    If the phone is not damaged and has no marks on it to suggest this is the … If the phone is not damaged and has no marks on it to suggest this is the case, take it back to the shop you bought it from and they are legally obliged to return it for repair under warranty at their expense. Do not take no for an answer. A couple of weeks tops beyond which they should replace the phone.



    If it has the damage described then it is almost certainly not covered by warranty.
    Just because it hasn't been dropped doesn't mean it couldn't be caused by anything else.
    If it was in a coat pocket it may have bumped against the door post getting out the car, that would mean theres unlikely to be any signs of external damage but a shock like that could damage the screen.
    If it was in trouser pocket then it could easily be stress damage, or again, have been bumped getting in or out the car. Neither would show any obvious signs of damage to the casing.

    You could try Virgin again, and if you get a decent CS op then they may replace it, but if they don't you will likely have to bite the bullet and either pay for a repair (around £20-25 I expect - locally not at a big name store) or get a new phone.

    Original Poster

    cheerleader;1687492

    I bought it from Virgin Mobile online, that's why i had to phone Virgin, … I bought it from Virgin Mobile online, that's why i had to phone Virgin, they haven't phoned me back when they said they would, when i spoke to them on the phone on Thursday, she kept on putting me on hold (the longest time was over 15 mins!! Think i will try phoning them again now...



    Phoned them again, woman told me they wouldn't be replacing, i asked to speak to a manager or someone from the deliveries team (who authorise replacements) and was told they don't speak to customers!! What a joke!! The phone was in his front pocket so no pressure was applied to it & i said to the woman are you supposed to walk around with your phone in your hand all the time as putting in your pocket or bag could damage your phone & wouldn't be covered for replacement!! Ended up saying i'm gonna write & complain and hanging up:x
    Son's gonna see if he can get it repaired now, just think Virgin have poor customer service now :-(

    P.S. Thanks everyone for your help

    If Virgin have told you that the phone is not covered by warranty without checking it then they are in breach of the sale of goods act.
    If they have taken it away and checked it then there is not much you can do.
    If the have not examined it then write to them telling them they have breached the sale of goods act and that you will take legal action to get a repair or refund.if they do not
    solve it within 14 days.
    After 14 days use moneyclaim online
    moneyclaim.gov.uk/csm…jsp
    I had the same problem with Currys & Dixons last year over a virgin phone and it seems that they try it on to avoid paying .They paid up as soon as moneyclaim sent the paperwork through to them.
    See
    consumeractiongroup.co.uk/for…tml
    Graham

    Original Poster

    graham.evans;1688056

    If Virgin have told you that the phone is not covered by warranty without … If Virgin have told you that the phone is not covered by warranty without checking it then they are in breach of the sale of goods act.If they have taken it away and checked it then there is not much you can do.If the have not examined it then write to them telling them they have breached the sale of goods act and that you will take legal action to get a repair or refund.if they do not solve it within 14 days.After 14 days use moneyclaim onlinehttps://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jspI had the same problem with Currys & Dixons last year over a virgin phone and it seems that they try it on to avoid paying .They paid up as soon as moneyclaim sent the paperwork through to them.See http://www.consumeractiongroup.co.uk/forum/currys-dixons/70208-currrys-policy-ignore-your.htmlGraham


    Thanks Graham, Do you have to pay to use moneyclaim online?

    graham.evans;1688056

    If Virgin have told you that the phone is not covered by warranty without … If Virgin have told you that the phone is not covered by warranty without checking it then they are in breach of the sale of goods act.If they have taken it away and checked it then there is not much you can do.If the have not examined it then write to them telling them they have breached the sale of goods act and that you will take legal action to get a repair or refund.if they do not solve it within 14 days.After 14 days use moneyclaim onlinehttps://www.moneyclaim.gov.uk/csmco/login_pass_yes01.jspI had the same problem with Currys & Dixons last year over a virgin phone and it seems that they try it on to avoid paying .They paid up as soon as moneyclaim sent the paperwork through to them.See http://www.consumeractiongroup.co.uk/forum/currys-dixons/70208-currrys-policy-ignore-your.htmlGraham



    Informative first post - thanks - rep given :thumbsup:

    cheerleader;1688423

    Thanks Graham, Do you have to pay to use moneyclaim online?



    Yes, you have to pay, but you have to give Virgin every oppurtunity to fix the phone first.

    The cost of taking them to court is dependant on the amount of your claim, probably be about £30 I would guess.

    Cheerleader - sony ericsson warranty is covered by -

    [COLOR="Red"]Kuehne & Nagel
    Appletree Rd, Chipping Warden, Banbury, Oxfordshire OX17 1LL Tel: 01295 663000
    [/COLOR].

    Ring them and explain, you might have better luck

    Not sure if you have resolved your issue but on friday last week by wife's LG Prada screen cracked whilst texting, **** i thought but we phones Virgin and spoke to a line manager, he advised we went to our local Zavvi (Virgin Megastore) to see an advisor, if he believed that the phone hadn't been dropped etc they would authorise a replacement handset to be sent out to us, great i thought until i spoke to the advisor who wasn't even willing to look at it!! went home and called Virgins customer service line again and explained that we look after all our items, i haven't dropped it and if you accept it back you will see for yourselves etc etc, always be honest! after 5 mins of explaining the lady i was speaking to contacted the reapirs department who agreed to send out a replacement without any arguements, replaced within 24 hrs. Now the point i'm making is that managers aren't the only people who can help, if you keep calling and maintain a patient approach you will eventually find someone who will help, keep a cool head and all will come good! forget the sale of goods act as i work in retail and in this circumstance it's pretty useless.
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