Help with Cancelling Virgin Mobile Contract- Faulty Phone

dereksteel

Hi Everyone, Can anybody advise on how to cancel my partners Contract with Virgin Mobile. Story goes as this, My partner took out a 18 month contract with virgin mobile and took on LG Viewty phone, and has nothing but bother with this phone, so my partner called virgin and explained what was happening with the phone , that its was switching off and during calls and sending a text message it would shut down and after 30mins or so, it would come back on ???, they have sent out 6 HANDSETS :mad:, as they have all been doing the same !!, We have spoken to virgin and they won't help with a new phone, as the ones they have sent have all been phones that have been returned, and reconditioned !! NO new phones but second hand ones !!. Virgin claim that if we where to cancel the contract she would have to pay the remainder of the contract (£190+)which still has 12 months to run. We feel this is unfair and when you look into other providers, they all send out NEW PHONES and never reconditioned ones. Can any one help with this.

Oscar_The_Grouch

Hi there

This is a Sale Of Goods Act issue. It's covered here on several other posts, so I'll not repeat, but essentially if you tell them that you consider they are in breach of the Sale Of Goods Act on the basis that they have had more than 2 attempts to rectify the issue with the phone and that as such, you consider this to be a material breach under the terms of the contract.

The important bits are in red; the rest of it you can tailor to your own way of speaking. You may be better off putting this in writing to Virgin.

You need to get them to agree that they are in material breach, so that you have the right to cancel without penalty under the terms of the contract. Essentailly, the phone and the contract are two different things and you need to get out of having both. Once Virgin accept that they are in breach, they should either offer you a new phone (of a different make/model) or the chance to cancel the contract. If you want to stay with them, accept the new phone. IF you want out, make sure you ask for your PAC code first and move that on to a pay as you go sim elsewhere. Shove a tenner on the other sim and buy a cheap phone whilst you look for something better.

drbesty

Other providers don't send out new phones, they are reconditioned, sending a new phone each time would cost a fortune