Replacement - with an old item?

Otterr

Ok, I'm new here. Can you help?
I got a new phone from Virgin Mobile. It broke down totally after 3 weeks. I was away and didn't report it until 10 days later when I got back (my fault ). They took it for repair - but not repairable. So sent me a replacement - fair enough BUT the replacement is a repaired old phone, not a new phone. "A quality assured device from a repair facility" they state. Am I being unreasonable to think this is unfair? Surely a faulty item should be replaced with a new item not a used one?

wealdroam

Otterr wrote: »

Ok, I'm new here. Can you help?
I got a new phone from Virgin Mobile. It broke down totally after 3 weeks. I was away and didn't report it until 10 days later when I got back (my fault ). They took it for repair - but not repairable. So sent me a replacement - fair enough BUT the replacement is a repaired old phone, not a new phone. "A quality assured device from a repair facility" they state. Am I being unreasonable to think this is unfair? Surely a faulty item should be replaced with a new item not a used one?

Hi, welcome to the forums.

You sent them a used item to be repaired.
Why do you think you are entitled to a new one?

unholyangel

How do you know they've repaired an old used phone?

Was this repaired/replaced under their inclusive insurance?

Adereterial

A refurbished replacement for 5 week old phone doesn't quite seem right, if I'm honest. The phone is all but new - a refurbished phone is going to be significantly older than that. Replacing a barely used phone - which failed after days - with a refurb may be technically legal but it would leave a very sour taste of it happened to me.

theonlywayisup

Adereterial wrote: »

A refurbished replacement for 5 week old phone doesn't quite seem right, if I'm honest. The phone is all but new - a refurbished phone is going to be significantly older than that. Replacing a barely used phone - which failed after days - with a refurb may be technically legal but it would leave a very sour taste of it happened to me.

My bold/underlined, that will be the bit to understand.

Otterr

- I would hope I was entitled to a new item as the original item they sold me was clearly faulty. I imagine buying a new car or TV which was totally faulty and failed in the first month and being offered a used refurbished car or TV in replacement. I don't think it's fair treatment. But perhaps the law isn't fair

-I've certainly not had this done to me before when I've returned clearly faulty goods, perhaps I've been lucky, but I've always had a new, not used, replacement or a refund.

- It's been replaced under their warranty. But my hope is the consumer rights law might give more protection than this
"How do you know they've repaired an old used phone?" - that was my understanding of being sent a device from " a repair facility"
So should I accept the refurbished phone or do I have any right to have a new one as they sold me a faulty item?

wealdroam

Otterr wrote: »

- I would hope I was entitled to a new item as the original item they sold me was clearly faulty. I imagine buying a new car or TV which was totally faulty and failed in the first month and being offered a used refurbished car or TV in replacement. I don't think it's fair treatment. But perhaps the law isn't fair

Yes, and had you reported the failure during the first thirty days following the sale you could expect a full refund.
Your original posts seems to say that you didn't do that.

Otterr

Alas, you're right. I was a few days too late, I was away - going to a call box to make a call to customer services while on holiday was just a step too far.

unholyangel

One more question....have you actually received the replacement yet?

LilElvis

A refurbished replacement isn't necessarily a bad thing. My iPod was replaced, after failing a couple of months after purchase, with a refurbished model and is still working with no issues after 10 years.

It might not even be refurbished - it could be a return where the first buyer played with it for a couple of minutes before sending it back because they "didn't like it".

unholyangel

LilElvis wrote: »

A refurbished replacement isn't necessarily a bad thing. My iPod was replaced, after failing a couple of months after purchase, with a refurbished model and is still working with no issues after 10 years.

It might not even be refurbished - it could be a return where the first buyer played with it for a couple of minutes before sending it back because they "didn't like it".

This is why I'm asking if he's received it yet. Their refurbs are as good as new - even with the plastic protective coverings you need to peel off.