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What are my rights re faulty contract mobile

Hi,

Does anyone know what my rights are?

I took out a 24 month contract with Virgin on a Nokia X6. After 11 months it died and was returned to Virgin. They advised it couldn't be repaired and sent me a refurbished phone.

I'm not happy with this. The phone arrived with its data removed but all the previous users' settings intact. In fact when I switched it on it began downloading music automatically! The battery is scratched and battered looking and the SIM card cover is broken and won't close.

I have 13 months to go on my contract and am not at all happy with the replacement phone. Do I have the right to a new phone or do I have to put up with a refurbished one? Especially as it has all too clearly been someone else's first?

Any advice would be much appreciated.

Thank you.
if i had known then what i know now

Comments

  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The one you sent in , would have been battered and scratched, you have the battery from the original handset, do a factory reset and continue until your contract expires.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    They are entitled to supply a refurb, but it should be equal or better to the old one. It should have had a full factory reset and be in 'reasonable' condition. A good refurb should visually appear like new.
    No free lunch, and no free laptop ;)
  • NFH
    NFH Posts: 4,413 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If it's still got the previous owner's settings, then it's clearly not refurbished but secondhand and most probably has an intermittent fault that the supplier's testers didn't find. Your original phone was not owned by a previous user, and the replacement should not be either. I would demand another replacement.
  • Thanks for the info, it certainly doesn't look in as new condition. The one I sent back was in much better condition. I was asked to return my battery and charger with the phone and the battery in this phone is definately not mine (neither is the charger).

    That it has some fault is exactly what I am afraid of, I'll stick to my guns with Virgin and ask for an alternative replacement!
    if i had known then what i know now
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