Virgin Mobile Contract and Customer Services

mrtnedin

Last month my Nokia 5530 phone developed a fault - where it shut down when trying to make a call. This phone was provided by Virgin Mobile (VM) on an 18 month contract through their call centre over the phone.

On the 23rd June I contacted their "team" to report the fault and seek assistance. The operator talked me through some basic fault resolution stuff, i.e. take battery out, take memory card etc and try resetting the phone. This was unsuccessful and then acknowledged after asking her colleague this was a known fault with this model of phone. I agreed to arrange collection and replacement of the phone, and I could expect someone to call me within 48 hours to arrange a suitable day and time.

On the 8th July I made a similar call to the "team" as I had recieved no contact from VM and explained the same problem. I told the advisor that under clause 10.2(a) of their T&C's I had a right to cancel if VM broke the agreement in anyway, and I believed that under clause 4.8 Returns they would be doing so if no collection or repair or replacement of the device was not actioned within seven days. They noted this on the account and appologised and said collection would be arranged and someone would call me.

Surprise surprise on the 15th July I had to contact VM again to report that no contact had been made from VM and that I now wished to cancel the contract under clause 10.2(a) because I believed they had broken the agreement as per clause 4.8! This was refused as they don't have timescales to make repairs. I explained it wasn't about the repair anymore, and it was about them breaking the agreement. I was then transferred to someone else, who I had to explain the whole problem yet again. He checked with a manager who confirmed the same. He then agreed to make collection of the phone, however then asked if I had updated the phone software. I should have said yes here, but I told them no, and he said I should update the phone software. I argued and said that I shouldn't have to do it as the phone is faulty and the original agreement over the phone was to have the phone replaced. We went round in circles over this for about 5 minutes and then both agreed to end the call as they could not progress the call any further.

Two things here;
1. Am I right that they have broken the agreement?
2. The Sale of Goods Act 1979 applies to mobile phones right? So surely the responsibility is on VM to have the phone repaired or replaced.

I have a big long letter ready for them (template downloaded from OTELO) with a view to involving an abitrator if they reach deadlock.

the relevent t&Cs of contract;
4.8 Returns: If you have obtained your handset or SIM directly from us, for example, through our website , through a Virgin Mobile or Virgin Media Store or by speaking to our Team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we provide. Full details of such customer satisfaction guarantee and warranty are detailed in the joining pack you receive with your handset or SIM and are also available from our Team on request. If you have obtained your handset or SIM from another source, for example a high street retailer who may offer services from a variety of networks, any customer satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your handset or SIM what their policy is should you wish to return the handset or SIM or if either of them develops a fault. If you do return your handset or SIM for any reason then you will be charged for any calls or use of our Services at the rates set out in our Tariff Table.

10.2 Your right to cancel: You may end this Agreement immediately in the following circumstances:
(a) if we break this Agreement in any material way and do not put it right within seven days of you asking us to;
(b) if all of the Services are permanently no longer available to you;
(c) if you do not accept any change that we notify you about in accordance with clause 5.3 and you notify us in accordance with clause 5.4 that you do not accept such change.

photome

Not sure wether you are right or not but am interested in the outcome as my son is having problems with his 5530, as yet we havent spoken to VM about it.

i was thinking of taking it into a VM retail shop, is that an option for you, or me come to that?

lozzaman

How long have you had a phone? Sounds like Virgin should be doing a warranty replacement on the phone. Have you done a complete factory reset without the memory card installed?
When you say it shuts down is it a graceful shutdown or a sudden power off?

mrtnedin

Yes, already been in the Virgin Mobile shop, however they say once the phone contract and phone is more than 14 days old, you have to contact the call cnetre.

I got the phone in November 2009, so yes the phone is less than 12 months old and their customer satisfaction guarentee along with the 12 month warranty are both still valid. Hence why I'm looking down the route of the sale of goods act. The equipment is not fit for purpose as it has developed a fault. The shutdown is not graceful, screen shuts off and then you have to switch the phone back on. Yes battery is full, memory card removed, and there has been no unauthrised tampering.

I'll post my progress and outcome on here as I go along.

lozzaman

When I had a problem with a Sony Ericsson phone a few years ago I actually just ended up getting warranty complete by the manufacturer.
http://www.nokia.co.uk/support/repair/repair/warranty?c=1

Network operators always seem particularly uninterested.