Virgin Media - Mobile Phone Contract - Tearing my hair out!

Eyekon

Good evening all,

Here's the story:
My Mum signed up to a 24 month contract with Virgin Media on the 25/06/14. She received the phone the next day took it out of the box went to take the back off as per stick on the back of the phone, crack goes the screen. I'm convinced this must have been damaged before or during delivery hence why it would crack so easily.

She phoned Virgin right away to report it and they said they will get it collected. It got collected the following day. 10th July we received a letter saying "Our technicians investigated the issue and found the repairs needed weren't covered by your phones warranty and basically will have to pay for repairs under the insurance or buy a new phone. It's a Nokia Lumia 630.

I phoned them today to talk about it and that it was probably damaged prior or during delivery and under consumer rights they have an obligation to fix or repair the phone. All they replied with is the damage is customer based so it's chargeable, I continued that the phone was probably broken before at some point. They insisted telling me they go through vigorous checks before dispatch so couldn't have been broken there. I said what about the courier? Which they said "have you phoned them?" After laughing and saying that's not my job, they told me the courier isn't taking liability for it. Which I still said that's not my problem.

Eventually I got through to a Manager/Supervisor who insisted telling me the same thing and then I magically got cut off. I phoned back and spoke to a girl(won't mention names here) who refused to put me through to a Manager/Supervisor and also insisted telling me the damage was customer based so it had to be paid. I said to her you know anything about consumer rights? Which she didn't reply to. Eventually she put me back through to the other Manager who tried to tell me I didn't report the fault within 14 days, which after spouting off the dates to him he relised it was reported right away.

He then said he had to get someone from the Tech team to talk to me. The Tech lady said it was sent off for investigation and proved it was customer damage and I said "prove it to me" she said "we have by sending it off" and I said that's not proof. Then she said I should speak to Nokia and I said "My problem is with Virgin and not Nokia, they should be replacing my Mums phone". She said it's already been proved and I'm at the end of the line with Virgin and should go to Nokia.

Someone please give me strength....oh and advice!

4 Phone calls, Tweeted, Facebooked. Argh!!

Herongull

You can either reject the phone as faulty and claim a full refund. You have "a reasonable" time to this, typically a month.

or

They have to repair or replace the phone.

Sale of Goods Act. See: http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act

Strictly speaking as it is a contract involving goods and services, it comes under the Sale of Goods and Services Act - see http://www.which.co.uk/consumer-rights/regulation/supply-of-goods-and-services-act-1982

But your rights are the same in relation to faulty goods as with the sale of goods act.

If they claim that you or your Mum broke the phone, they have to prove it. Can't see how they can in this situation though.

If they can't prove it, then it is open and shut case.

You either reject the phone as faulty and claim a full refund if you do it straightaway or else they repair or replace the phone.

Herongull

More helpful stuff from which?

http://www.which.co.uk/consumer-rights/action/letter-to-complain-about-a-faulty-mobile-phone-

http://www.which.co.uk/consumer-rights/action/how-to-get-a-faulty-mobile-phone-replaced-or-repaired

http://www.which.co.uk/consumer-rights/action/letter-of-deadlock-for-a-dispute-with-a-mobile-phone-provider

Eyekon

That's great I'll have a read when the kids are in bed

Just can't believe none of them acknowledge consumer rights even when I directly asked them about it.

What happens once you reject the phone, do you send it back? Do they collect it? Sorry

I'd rather it be replaced but it would be good to know.

grumbler

I would say it's a grey case, not b&w: Nokia Lumia 520 screen shattered

Just playing the devil's advocate...

Eyekon

Thanks for that grumbler, interesting read although slightly annoying
My point is that there must have been some pre-damage to it and maybe it was in transit as the screen cracked far too easy and was from the microphone part.
It's rather annoying that they're using standard couriers to ship these things about and don't take any responsibility if something goes wrong. I work with couriers and parcels are damaged, missing, kicked around a warehouse all the time.

Even more annoying is they don't even TRY to help, they are instantly defensive and looking for the next excuse.

grumbler

It's next to impossible to damage a phone during transit without damaging the packaging, although it might have been some manufacturing fault.

"Next to microphone" - IIRC this is the same as happened in the other thread and, similarly, when taking the back cover off (see the picture in the manual).