Stolen phone

Chris_Potter

Hello, I had my phone stolen which I then cancelled my sim and blacklisted my phone. Virgin said they would send me a new sim next day at 7.99. fair enough, although the sim didn't turn up. This was 23rd august. I then called them and they said they had the wrong address and would send a new one but it was bank holiday and it would be sent wednesday 28th august between 7am and 9pm. I waited in all day and still no sim. I called back and they said it hadn't been requested so they apologised and said they would send one monday 2nd september. Guess what, didn't turn up again blaming the fact their colleague hadn't sent one out. i received a letter dated the 23rd august to say sorry about my phone been stolen so the wrong address story is incorrect. I have sent three e-mails to virgin customer complaints and have not received a single reply in over a week and half and have been told my new sim will be with me within 3-5 working days. They apologised and said they would reimburse me for the days I have had no phone, but not for the 20 plus pound my girlfriends phone bill will come to for having to phone them continuously. Are they in breach of contract and could I cancel contract:mad:

Tony5101

Breach of contract = No
Incompetent = Yes
Cancel your contract = No

NFH

Tony5101 wrote: »

Breach of contract = No

In fact, there is a breach of contract, because Virgin has failed to carry out the service with reasonable care and skill in breach of Section 13 of the Supply of Goods and Services Act 1982 which states:

In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill.

However, this doesn't mean that the OP can cancel the contract, only to receive reasonable recompense from Virgin.