Virgin Mobile saying my warranty is void

lycam_2

Just looking for a bit of advice. I have a Samsung Galaxy S2 which I have only had since 10th March this year so still under 6 months old. About 3 weeks ago it stopped working entirely.
I sent it back to Virgin mobile but a few days later I got a call from them to say it has liquid damage in the USB so my warranty is void. If I pay £100 they will fix it. I know it has never been subjected to any kind of abuse - She then says holding it to my ear and breathing on it could cause this. Surely this is the intended purpose of a phone?
They have returned it to me with a one line letter saying as discussed the warranty is void, and a great big chip off the paint at the top of the phone among a couple of smaller ones so where it was black it is now silver. I called them and they say they do not record any damage to phones when they arrive and don't see how this could have happened as the workshops are sterile so they assume it must have been like this when I sent it.
I ask for the engineer's report and photo evidence of the liquid damage but they said there is no report or photos since as soon as they see water damage they do nothing else on it. They say all I can do is get a 2nd opinion from Samsung but warn me that as soon as Samsung open the handset my warranty is void (I thought they said this is void due to liquid damage anyway).
After speaking to Samsung I'm confident they can fix it as they say they don't just rely on water indicator stickers. Obviously I can't ask them to fix the chipped paint under warranty so I will have to pay for that.
Any ideas how I should proceed - go to Samsung or pursue Virgin. I am annoyed that I have now been paying line rental for 3 weeks with no phone, will have to pay for the repair of the chipped paint, phone calls to Virgin and Samsung and train fares to the Samsung repair centre and Virgin get away with it entirely.

chanz4

Samsung, and for it to have water damage on the usb sounds like its been left on the side or soemthing

Herongull

You could consider claiming repair/replacement from Virgin via your rights under Sale of Goods Act.

Items have to be fit for purpose, and if it has failed in less than 6 months due "to holding it to your ear and breathing on it" it doesn't sound appropriately designed or constructed for its intended use.

As you've had it less than 6 months, if the seller wants to reject your claim they have show that that is fit for purpose.

DUTR

lycam wrote: »

Just looking for a bit of advice. I have a Samsung Galaxy S2 which I have only had since 10th March this year so still under 6 months old. About 3 weeks ago it stopped working entirely.
I sent it back to Virgin mobile but a few days later I got a call from them to say it has liquid damage in the USB so my warranty is void. I

That is odd, cos a colleague has an S2 and he knows his was water damaged as he was washing up and water splashed onto it, the device would not charge, he is on Tesco Mobile though, they changed the usb and upgraded it to ICS.

lycam_2

chanz4 wrote: »

Samsung, and for it to have water damage on the usb sounds like its been left on the side or soemthing

It is kept on my computer desk next to my PC, never on any side where any liquid could get near it.
I asked if it actually has some sort of corrosion or rust but they reckon there is a water damage indicator in the usb slot and this has been triggered. They also cannot say that the water damage is what has broken the phone as once they see the sticker has been triggered they look no further so the actual fault has not been diagnosed.
I don't know how they can give a quote for repair without diagnosing a fault.

lycam_2

Herongull wrote: »

You could consider claiming repair/replacement from Virgin via your rights under Sale of Goods Act.

Items have to be fit for purpose, and if it has failed in less than 6 months due "to holding it to your ear and breathing on it" it doesn't sound appropriately designed or constructed for its intended use.

As you've had it less than 6 months, if the seller wants to reject your claim they have show that that is fit for purpose.

Do you know how I would go about that? I argued on the phone that it was not fit for purpose under SOGA but they just say that Samsung won't let them repair it if their is any sign of liquid damage so my problem should be with Samsung. I reminded them that my contract is with them and she just said I can't argue with that but still they refuse to budge.
They freely admit that condensation could have caused the sticker to trigger when the phone moves from a cold environment (outside) to a warm one (inside).

NFH

Herongull wrote: »

You could consider claiming repair/replacement from Virgin via your rights under Sale of Goods Act.

If the goods were supplied in conjunction with a service, then the relevant legislation is Section 11N of the Supply of Goods and Services Act 1982.

Herongull

lycam wrote: »

Do you know how I would go about that? I argued on the phone that it was not fit for purpose under SOGA but they just say that Samsung won't let them repair it if their is any sign of liquid damage so my problem should be with Samsung. I reminded them that my contract is with them and she just said I can't argue with that but still they refuse to budge.
They freely admit that condensation could have caused the sticker to trigger when the phone moves from a cold environment (outside) to a warm one (inside).

If they continue to refuse to budge, then you would ultimately need to take them to court. I believe that letters before action can sometimes be effective. Other posters have greater knowledge of the detail than me. Some folks on the Consumer Rights part of the forum may be able to help (and/or advise you if your case is strong enough to be worth pursuing)

lycam_2

Well this is still ongoing. I sent the phone to Samsung but they have come back and said it is water damaged also (I fear this is because I made the mistake of telling them it had already been water damaged). They say it is not the USB though and the water indicator stickers have not been triggered??? They have found evidence of corrosion on some internal part. I now have pictures of this from Samsung's third party repair centre. The stickers haven't triggered and the whole insides look absolutely brand new, sparkling silver parts except this tiny part which is nowhere near the USB or headphone jack. I asked how this is even possible but they said it can be caused by condensation.
I now don't know what to do with this, I'm thinking either reporting this to trading standards or small claims court. All I know is I've got 2 differently diagnosed faults (but ultimately both are blamed on water damage), Virgin still refusing to provide any evidence and a broken phone that I am paying for every month.
I have been emailing CEO at Virgin and they still will not provide anything other than the line 'USB damaged by liquid ingress'. They said they do not have to provide evidence of the fault within 6 months if the phone can be repaired, only if it is beyond repair.

Emy1501

Phones not fit for purpose if it can suffer water damage from breathing on it!

I would write to Virgin giving them 21 days to rectify or you will issue through small claims. Chances of them trying to defend matter is remote if you do issue.

Seems like something manufacturers do on a regular basis as I have heard the these sill arguments for water damage before.

Buzby

It will not be by breathing on it, this is a red herring. SOGA will not apply, as it would need to be an inherent fault that would easily manifest itself will everyone's phones (which is why the suggestion of 'breathing' was so absurd).

The oxidisation of components (where they rust) is an indication of 'water damage' and as this would not have happened in the factory or box, the culprit invariably is the consumer. The damp trigger markers as just an additional measure and do not require to change IF another component shows a problem.

Since both repairers have concurred, you may want to have your own independent check made, but if this shows the same it may be £30 wasted - accepting a replacement at £100 is still good value.

Situations where oxidisation take place are steamy environments (bathrooms, kitchens) or an external (anorak!) pocket when it's raining. The damage is done, but it takes a while to manifest itself.