Virgin Mobile refusing to provide fault details in writing

mafflondon

Grateful for some advice please:

Virgin Mobile (VM) repairs team assessed my faulty iphone 4s (contract began December 2014). They sent it back to me unrepaired. No technical / repair report was included.

Numerous and long phone calls have been made to VM. They verbally state that the damage is something outside of warranty and I am therefore liable, possibly accidental damage. Verbally, they have said 'damage to the battery component' but would not write this is in an email or send me a report. Following further calls VM emailed me with a picture of the damaged area. However, it was only a picture but no written information as to what the photo was showing. When I called back they again refused to state in writing what the fault is and why they believe they cant repair it. I was told to 'just complain'.

I have now complained 5 days ago. I quoted Sales of Goods Act (1979) stating the phone is 5 months old and that they need to disclose why they believe the phone cannot be repaired and why they think it is my liability. I had an initial response to say 'your request to put this in writing is not available, please call to discuss'.

I'm going round in circles and I believe my request is reasonable and cannot fathom why they are withholding such simple information - in writing.

I have also complained that I was originally told (on the phone) my phone had been repaired and had been sent back to me.
I have copies of all the correspondence.

i took the phone to an Apple store. before examining it they said that as its less than 12 months old they could repair it. They then said this was not possible as it the phone had been tampered with. The only people to have opened up the phone is Virgin Mobile!

Do I have any further rights? Do I have grounds to complain under the Sales of Goods Act (1979)? Who can I escalate my complaint to? Grateful for any advice.

Thank you, Matthew

grumbler

You should have gone to Apple straight away.

Send VM a letter before action giving them a week to repair or replace the phone and saying that you take the matter to the SCC otherwise.

Then submit a claim to the SCC for the cost of a replacement plus the inconvenience VM caused you.

MSE article: Small Claims Court

mafflondon

Thank you for this. Is the basis for the small claims court because they will not reply in writing to what the fault is? Is the Sales of Good Act the right legislation to quote here. I will read the guide.

Silk

What was the fault with the phone ?

mafflondon wrote: »

Numerous and long phone calls have been made to VM. They verbally state that the damage is something outside of warranty and I am therefore liable, possibly accidental damage. Verbally, they have said 'damage to the battery component' but would not write this is in an email or send me a report. Following further calls VM emailed me with a picture of the damaged area. However, it was only a picture but no written information as to what the photo was showing. When I called back they again refused to state in writing what the fault is and why they believe they cant repair it. I was told to 'just complain'.

The problem is that signs of physical damage/abuse is enough for them to reject a repair.


Does the damage shown in the photo match the damage to your phone ?
Did you return the phone through a shop or through the post ?

mafflondon

Thanks for your reply.

The damage I am told verbally is to do with the battery component. They emailed me a picture of what appears to be the battery part of the phone. However, there is no written explanation at all in this email. Just a photo. Nothing else. I have no report either from VM. If I hadn't called VM to ask for more information I would have just received my unrepaired phone without any report or explanation when they sent it back to me. It simply arrived in a box. Nothing else enclosed.
They continue to refuse to put any details of the fault in writing. I need to know if this is lawful and if I have grounds to insist this under Sales of Goods Act. The phone is 5 months old.

The phone was posted to Virgin Media repairs with their packaging provided at their request.

Silk

mafflondon wrote: »

The damage I am told verbally is to do with the battery component. They emailed me a picture of what appears to be the battery part of the phone

Can you see any damage showing in the picture ?
If so does the damage match that on the phone when it came back.


PS what was the fault with the phone in the first place?

grumbler

mafflondon wrote: »

Thank you for this. Is the basis for the small claims court because they will not reply in writing to what the fault is? Is the Sales of Good Act the right legislation to quote here. I will read the guide.

They have obligations that they refuse to fulfill without giving a clear explanation why they refuse. If they refuse they have to prove that the fault was caused by misuse or damage.

Their "damage to battery component" is laughable, especially as iPhone's battery is non-removable.

That said, their is no guarantee that you win. This depends on the proofs they provide to the court. However, IMHO, given the vague 'proof' that they supplied you with, they are likely to settle before the court hearing.

mafflondon

Thank you grumbler and silk.

The original fault was the phone would turn off when the charger was removed despite it saying 100% charged. This followed a message 'you have not backed up to icloud in 3 weeks, this will happen automatically when you connect to wifi'. 1 hour later the phone went crazy.
I have always had problems when updating IOS to the extent of needing to factory restore it after each update. I have told VM this.

This is the email they sent me:

'Here is the picture from our Repair Center showing the damage on your phone.

Thanks,

Lou.'

I cant seem to be able to insert the photo here I'm afraid. However, I wouldn't really know I was looking at damage by looking at the photo without any further information, hence my calls to VM to ask for this information.

VM have tweeted today to say they have up to 28 days to respond to a complaint.

mafflondon

By the way there is no visible damage to the phone's exterior. Has always been in a protective case. I am not aware of dropping in.

Silk

grumbler wrote: »

They have obligations that they refuse to fulfill without giving a clear explanation why they refuse. If they refuse they have to prove that the fault was caused by misuse or damage.

Their "damage to battery component" is laughable, especially as iPhone's battery is non-removable.

That said, their is no guarantee that you win. This depends on the proofs they provide to the court. However, IMHO, given the vague 'proof' that they supplied you with, they are likely to settle before the court hearing.

The problem is though if they have a photo that shows physical damage and it matches the phone it's end of story unless the OP can prove otherwise.
The argument will move on to how the damage happened and if it was still under the OP's control when it happened

grumbler

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