My mobile phone being recycled instead of being sent back to me!!!

pedro_uk

Hello I'm having a bit of a problem,

My phone was sent in for repair as the sound was sort of a tinny sound coming from the handset, every thing was running all OK,
Any way I phone back a week later for an update & to see where my phone is,
I was told it would take 4 days all in 1 day to send it back 2 days to fix & 1 day to send back to me,
So I phone virgin on the 6th day since I sent it back to be told it has been water damaged & it would be sent back to me, However 15 days later I still haven't received the phone,

So I phone virgin this morning only to be told my phone has been recycled & they will send out a nearly new phone


I told them i want my own phone back as I can claim on my insurance & get a brand new phone, They say they wont give me a brand new phone only a nearly new phone,


My question is can I cancel my contract as they have lost my phone???

Tony5101

I would doubt very much whether you can cancel your contract. I don't see any grounds to allow this. Virgin are supplying you with a refurbished handset - which is probably what they would have done anyway if they hadn't been able to fix your handset.
The refurb'ed handsets are usually as good as new anyway.
Just register your 'new' handset with your insurer when you get it.

grumbler

No, you cannot cancel the contract. You can claim a monetary refund for the phone.
That said,

1. It's very odd that they are replacing a water damaged phone for free.
2. Very few insurances offer "new for old" replacements.

Fifer

grumbler wrote: »

1. It's very odd that they are replacing a water damaged phone for free.

They aren't though, they are replacing a customer's phone which they have lost. And without the customer's phone as evidence, they cannot substantiate any claim that the phone was water damaged.

Rusty!

To be honest it sounds like you're the winner in this situation.

NFH

Rusty! wrote: »

To be honest it sounds like you're the winner in this situation.

Not if the claim about water damage is false in order to evade properly replacing goods which Virgin's repairers have lost.

pedro_uk

Tony5101 wrote: »

I would doubt very much whether you can cancel your contract. I don't see any grounds to allow this. Virgin are supplying you with a refurbished handset - which is probably what they would have done anyway if they hadn't been able to fix your handset.
The refurb'ed handsets are usually as good as new anyway.
Just register your 'new' handset with your insurer when you get it.

No virgin say they would not supply me with a new phone as they say it was water damaged |& it was my fault

pedro_uk

NFH wrote: »

Not if the claim about water damage is false in order to evade properly replacing goods which Virgin's repairers have lost.

And i would of gotten a second opinion on this if i had had the phone sent back to me
As i know it hadn't been water damaged & i have photos to prove it

pedro_uk

Tony5101 wrote: »

I would doubt very much whether you can cancel your contract. I don't see any grounds to allow this. Virgin are supplying you with a refurbished handset - which is probably what they would have done anyway if they hadn't been able to fix your handset.
The refurb'ed handsets are usually as good as new anyway.
Just register your 'new' handset with your insurer when you get it.

They where saying it was my fault the phone was water damaged & they where sending the phone back to me as they could not do any thin about it
In other words tough fkn look lol
But now they have lost my phone they are changing tactics

Tony5101

If you're getting a 'new' handset out of Virgin, then I think that you've done well. You'll get a defect free phone that will almost certainly be better than the one that you sent them.

pedro_uk

Tony5101 wrote: »

If you're getting a 'new' handset out of Virgin, then I think that you've done well. You'll get a defect free phone that will almost certainly be better than the one that you sent them.

The fact is im not getting a new phone im getting a recondition phone
right or wrong,
&
They cant prove my phone was faulty as they have recycled/deposed of it
so i cant prove it was faulty either,