Virgin Mobile refusing to provide fault details in writing

mafflondon

Thank you. Really useful and helpful advice.

Silk

mafflondon wrote: »

Received the following from VM yesterday evening, Grateful for any comments / advice please on whether I should proceed with complaint or not?

I would be tempted to proceed with it as the cost of repair will be more than the cost of a SCC will add a few comments

mafflondon wrote: »

I'm sorry you've had to contact us regarding this issue, disappointing
to learn that you're unhappy with the service you've received in regards
to the repairing of your mobile. As the mobile was no longer turning on
it was booked in for repair on the 2nd April 2015. The handset has been
returned back to you and was deemed out of warranty. I've spoken to the
repairs centre and they have confirmed the battery component has been
accessed by a non authorised repairer.

This seems strange as the first mention was when you brought it up as you say!
It also is strange as they go on to claim that their repair centre have no input and has not been assessed by them

mafflondon wrote: »

However when an
Apple phone is booked in for repair it does go directly back to Apple
and the phone is not assessed by our repair centre. So the feedback
which we received in regards to the repair is directly from Apple.

Which also begs the question, if that's the case, why were you not advised to return the phone Apple rather than go through their repairs centre which would speed up the process and avoided third party intervention.

mafflondon wrote: »

You've explained you've received a screenshot of the phone however you
would like a written explanation of what damage has been caused to void
the warranty. I've requested this information today and I've been
advised this can not be provided.

The inability to be able to provide the information questions whether it exists.

mafflondon wrote: »

In situations like this I would advise
as a customer you could contact the manufacturer for a second opinion
but you've mentioned you've already spoken to Apple and they have
advised the phone can not be repaired.

Surely this isn't the case, they have said they cannot repair it under warranty due to tampering, not that it can't be repaired.


If it was me I would write back explaining your position ...
The phone was returned to VM with a fault under warranty, it was returned without repair and inability to provide information regarding rejection.
You took up the option to use the Apple warranty but was rejected due to tampering which the obvious conclusion would be due too the VM repair centre.
Unless VM agree to honour their obligations you will have the phone repaired at your cost and seek recovery of all costs and expenses through the courts.

grumbler

Silk wrote: »

Which also begs the question, if that's the case, why were you not advised to return the phone Apple rather than go through their repairs centre which would speed up the process and avoided third party intervention.

Because:

• VM have their own obligations regardless of Apple's warranty;
• Dealing with Apple directly stops any further SoGA protection, especially if the phone is replaced. If you want to deal with manufacturer and keep the SoGA protection, you have to get written instructions from the supplier to do this.

That's why MSE article advises to deal with the supplier, not the manufacturer.

mafflondon

Thank you also, Silk

Silk

grumbler wrote: »

Because:

• VM have their own obligations regardless of Apple's warranty;
• Dealing with Apple directly stops any further SoGA protection, especially if the phone is replaced. If you want to deal with manufacturer and keep the SoGA protection, you have to get written instructions from the supplier to do this.

That's why MSE article advices to deal with the supplier, not the manufacturer.

I agree which is why you go through the supplier ....however there would be nothing stopping them providing the written instructions to return to the manufacturer would there ?


I'd never suggest not dealing with the supplier however there's nothing that stops a product being shipped direct from customer to manufacturer with the correct paperwork in place. We do the exact same thing with compressors, we fax over a returns note which is to be signed by the courier when collected and the unit is taken direct to the manufacturer. There is no release from our obligations as a supplier. It's quicker, easier and far more cost effective for everyone concerned

mafflondon

Hello, update to ongoing issue with Virgin Mobile (VM).

I provided a lengthy response to VM based on the advice here - thank you.

VM replied basically saying there is nothing they can do, the issue rests with Apple - take up the complaint with them - and they remain firm that, on the advice of Apple, the phone was tampered with invalidating the warranty.

VM said that they do not send out technical reports when the phone is not going to be repaired.

VM did NOT address my query re why they originally said there was a fault - battery component - likely to be caused by accidental damage. Also VD did not respond as to why they were able to provide a photo of such damage via email (at my request) but no information at all in writing and this written information repeatedly denied to me

VM did not state why they returned the phone without any letter, report etc and I had to call them for an explanation as to what was wrong.

I replied to VM repeating these points / questions. They replied this morning stating the phone is out of warranty, apologies for not providing a response I want to hear and interestingly VM stated today 'I cannot provide you a response to the questions you raised in your previous correspondence' (i.e. why i was told originally of the actual fault and not that it was tampered with).

VM repeated their belief they are working in line with SoGA and I should take up the issue with Apple.

My contract is actually 8 months old, not 5 as I first thought. My online account showed incorrect information to suggest the contract was younger than it actually was.

So, can I escalate my complaint to the communications ombudsman, if such exists? I have not tampered with my phone and I am left with a phone that is not repairable (according to 2 independent shops including Apple - after VM sent it back to me) and I have 15 months left to go on contract.

And / or is the SCC still an option?
Or is it time to give up??

grumbler

mafflondon wrote: »

So, can I escalate my complaint to the communications ombudsman, if such exists?

Even if exists, it has nothing to do with a faulty handset.

I have not tampered with my phone and I am left with a phone that is not repairable (according to 2 independent shops including Apple - after VM sent it back to me)

"Not repairable" means nothing.
If Apple report says nothing about any damage that Virgin claim to be the case, and if this can be used as an implicit proof that there is no user-inflicted damage that Virgin accuse you of, then get back to the post #2 and follow the SCC route.

and I have 15 months left to go on contract.

This is irrelevant.

Or is it time to give up??

It's not much time, but you have to pay some fee that you lose if you don't win the case.

mafflondon

Thanks for this. Apologies for my confusion if you have adderssed this...

There is no report. VM wont provide one. They emailed me a picture of a circled component that is apparently damaged and 'beyong economic repair'. When I chased them up on this - for the report- they then said the phone was tampered with and therefore invalidated warranty. They recently said they wont provide any report as the issue is invalidated warranty (tampering) and therefore the phone had not been attempted to be repaired. ???

VM state they pass on phones immediately to Apple for repair and VM dont even look at them. So they tell me to take my issue to Apple.

With this mind can I still go to SCC as you suggest (with reference to previous posts).

Apologies again for being a bit confused

grumbler

OK.

Virgin accuse you of damaging the phone.
As the phone is more than 6 months old, you need to prove them wrong to sue them.
So, you need a report stating that there is no any damage that could have caused the fault.

Alternatively, get a written confirmation from Apple that the phone was tampered with and sue Virgin for invalidating the Apple warranty by tampering with the phone. After all where have they got this unintelligible photo if they didn't disassemble the phone? No judge will believe that it was you who tampered with the phone while it was under warranty.

mafflondon

Great, got it. Thank you