Virgin Mobile - Phone Issue

colnotlob

My son has a problem with his Nokia X6, he took it out on contract with Virgin Mobile in March this year. The Phone has developed a fault in that the locking button has broken. I rang Virgin as he had the phone for less than 5 months and it was still under warranty so I thought they would repair it under the warranty. I was first told that it wasn't covered by the warranty, after about 20 minutes and 3 different people I believe that I won that arguement that it was part of the phone and therefore should be covered by the warranty. They then changed tack:
as my son had not objected to the terms and conditions within the 28 day period and the terms and conditions state " Damage due to normal wear and tear are not covered", he said that this means if my son uses the phone as normal and it breaks it is not covered by the 12 month warranty. I argued surely this cannot be right that if he uses the phone as he should, normal use, not being careless or abusing the phone, then it breaks it's not covered by the warranty. He said this is the case and refused any further debate on this. In other words the warranty is useless. Anybody else had this experience with Virgin Mobile?

Oscar_The_Grouch

Someone at Virgin doesn't know what they are talking about. The warranty covers you for the repair of the phone. Send a letter clearly marked "complaint" and by recorded delivery to the address above and explain the position. Tell them that you expect them to arrange for repairs to or replacement of the phone "in accordance with their obligations under the Sale of Goods Act" and that in view of the fact that you have had to write to them regarding this, you expect them to provide you with a suitable phone for your son to use if they intend to repair the handset.

You must clearly state that the phone has not been abused in any way and that you consider it to be faulty rather than damaged.