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1 month old broken mobile new contract

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hayley39
hayley39 Posts: 12 Forumite
Hi I have just started a new contract with Virgin only £11 a month plus £4 insurance. But since I got the phone just over a month ago it keeps freezing (At least four times). I took it to Paris last week and it broke completely it will only turn on to the welcome screen. They insist on me returning the phone so that they can repair it. I would like to end the contract and start again with another phone completely but they said I can't do that, I have to send it to the repair centre first. What are my rights, as I brought it on line and have gone past the 14 day cool off?
Many thanks

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  • reehsetin
    reehsetin Posts: 4,916 Forumite
    1,000 Posts Combo Breaker
    not sure about vodafone specifically but there's often a difference between a warranty claim which will pretty much always be a repair unless it's unjustifiable (beyond economic repair), and an insurance claim - insurance is over and above generally what is covered in a warranty and it will often have it's own policies etc.
    As you're already paying insurance if you haven't already check what the process is via this method as it's likely to be quicker/easier (if it's not why the heck are you paying for insurance after all). Another method may be to see if you can get it repaired with the manufacturer directly as some manufacturers have better warranty processes than the network itself.

    I wouldn't think that you'd be able to cancel, after you've 'accepted' the goods (which arguably you have after having a month) then you have no right to cancel, it's down to the retailer to fix/replace/return as they see fit, you'd likely have to go with the offer of repair. They're extremely unlikely to give you a different model handset.
    Yes Your Dukeiness :D
  • hayley39
    hayley39 Posts: 12 Forumite
    Thank you !!
  • d123
    d123 Posts: 8,730 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    hayley39 wrote: »
    Hi I have just started a new contract with Virgin only £11 a month plus £4 insurance. But since I got the phone just over a month ago it keeps freezing (At least four times). I took it to Paris last week and it broke completely it will only turn on to the welcome screen. They insist on me returning the phone so that they can repair it. I would like to end the contract and start again with another phone completely but they said I can't do that, I have to send it to the repair centre first. What are my rights, as I brought it on line and have gone past the 14 day cool off?
    Many thanks

    You need to send the handset for repair, if it is a warranty fault they will repair it and return it, if it has been caused by user damage then your insurance should repair/replace it if it is covered for the specific damage/fault.

    You have no right to cancel the contract.
    ====
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Suggest you try a factory reset first .

    SOGA is with the vendor doubt if they will let you cancel a valid contract . The contract for network time is still working if you put the sim in another phone .
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