4th replacement mobile in under 3 months, where do i stand?

cupc4kes

hi, i started a contract with virgin on 23rd of december 09, within weeks the earpiece of the phone lost volume and started to distort, they replaced it with a brand new one, weeks later i have the same problem so i contact them, they tell me this time keep the box/charger and only replace the phone, i guessed it was a refurb but links to some girls face book page in the web history confirm this, the morning after i recieved the refurb handset i wake up to discover it had turned its self of in the night (and has done this every day since i recieved it), when the phone is on it randomnly locks up, the screen goes white and it reboots, as well as this the phone seems to heat up and start losing battery power rapidly, this is with hardly any use and no programmes running in the back ground, ive done a factory reset, a full format and restore, and updated all apps and firmware and its still the same.

today i phoned virgin with this problem and im awaiting a call back from their technical support team which i imagine will result in my fourth handset in under three months, i requested a different handset last time i called them but was told due to warranty reasons i am unable to be granted a different handset, so my question is where do i stand from a consumer point of view, do i have the right to demand a different model? or if they dont agree to that should i be able to get a brand new phone rather than a reconditioned one?? im expecting them to get back to me sometime tomorrow so any advice on any rights i have would be a great help, many thanks

gjchester

cupc4kes wrote: »

where do i stand from a consumer point of view, do i have the right to demand a different model? or if they dont agree to that should i be able to get a brand new phone rather than a reconditioned one?? im expecting them to get back to me sometime tomorrow so any advice on any rights i have would be a great help, many thanks

You have the right to a refund or a replacment under the warranty, but the choice is down to the vendor not you. As long as they are repairing it (or repairing by a swap out effectivly replacing it) then they are within the law.

You also have the right to a phone of similar state to yours, so a refurb is acceptable, as yours was not new when it went it was used. That said they should have at least factory reset it to take the other persons data off.

There are other issues, after a 4th phone thoughts of customer goodwill should really be coming into effect but thats at their discression and not a legal right.

cupc4kes

ok, thanks for the help. i am going to suggest a different model again tomorrow when they call but im resigning myself to the fact that recieving another refurb unit is inevitable.

gjchester

Sorry..
I'd say you should try to get a different model, Make sure they know you've had issues, but remember to be polite, they may offer you an exchange as a good will gesture as your having problems (or ask for some line rental or credit as compensation) you just don't have a legal right to a new differnet phone..

Good Luck.

Fire_Fox

Try writing to the complaints department instead of phoning customer service, complaints tend to have more of a free hand.

cupc4kes

thanks for the advice, i ended up having yet another refurb n86 today, i turnd it on, and i immediately started having the previous owners emails pushed through from there hotmail account, it was full of ministry of sound music and then for some reason the n-gage application wouldnt launch, i phoned up just and said ive had enough etc, i want a different handset, i was offered a nokia 5530 or a samsung jet which the virgin operator told me 'would be quite a drop from an n86'. so i was left with no option but to take another n86 which i tld her i wasnt happy with but she couldnt do nothing else about, so tomorrow i recieve handset number 5!

gjchester

cupc4kes wrote: »

thanks for the advice, i ended up having yet another refurb n86 today, i turnd it on, and i immediately started having the previous owners emails pushed through from there hotmail account, it was full of ministry of sound music and then for some reason the n-gage application wouldnt launch, i phoned up just and said ive had enough etc, i want a different handset, i was offered a nokia 5530 or a samsung jet which the virgin operator told me 'would be quite a drop from an n86'. so i was left with no option but to take another n86 which i tld her i wasnt happy with but she couldnt do nothing else about, so tomorrow i recieve handset number 5!

Not encouraging dishonesty but you may wish to try telling them you'd like to talk to a superviser about it and that you are concerned someoneses personal data (ie emails) has been given to you, and yours may be given so someone else.

You may get a better response when you tell them your local paper is interested in the story.

Fire_Fox

cupc4kes wrote: »

thanks for the advice, i ended up having yet another refurb n86 today, i turnd it on, and i immediately started having the previous owners emails pushed through from there hotmail account, it was full of ministry of sound music and then for some reason the n-gage application wouldnt launch, i phoned up just and said ive had enough etc, i want a different handset, i was offered a nokia 5530 or a samsung jet which the virgin operator told me 'would be quite a drop from an n86'. so i was left with no option but to take another n86 which i tld her i wasnt happy with but she couldnt do nothing else about, so tomorrow i recieve handset number 5!

Write a letter!!!!!!

wiggler

Thats shocking. I work for a company that sometimes gives refurbs but a software flash is normally done first. The jet is an excellent phone by the way. The only advantage the n86 has is camera quailty.