Bank Mobile Phone Insurance

Dekenba

I'm not sure where this sits!

I have mobile phone insurance with RBS. It's very good, I've used it a couple of times.

However, I made a claim in November 2015 for my phone as I cracked the screen. I was sent a refurbished phone in return for my cracked-screen phone.

Fast forward one year and six days. My phone has died. I phone up Aviva - for it is they RBS use for the service - who point blank refuse to do anything, as the phone is out of the 12mth warranty period by six days. I quote the Consume Rights Act 2015, to be told it does not apply to them because the phone was not sold to me! It also does not apply to insurance.

It's worth noting that I had already been forced to return the phone for two weeks a couple of months after I had it, for repair - so I didn't even have the phone for 12 months to begin with.

So, basically, tough luck!

What I want to know is do Aviva have to follow the Consumer Rights Act and ensure any replacement phone is of reasonable quality, or are they able to just fob people off like this? They have told me to complain to the Financial Ombudsman if I'm unhappy - which I am ! - but I It's wanted to ensure I knew where I stood legally first.

Secondly, do I have a contract with Aviva? I pay RBS for the service, so technically my contract is with them. But then again, I swapped my old phone for a new phone with Aviva as part of the claim, so my old phone may count as consideration for a contract?

Thanks!