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Virgin contract with no working (software) handset help

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webbz
webbz Posts: 22 Forumite
my daughter has an iphone 7 that is out of apple warrenty by two months and the phone has stopped working and apple have confirmed its a software issue but it will cost her to fix but did say that its my daughters service providers (virgin) problem to solve but virgin have looked at the phone and have said they will not fix the phone as its out of warranty which is sort of understandable.....however what she/we dont understand is that as its a software failure then surely how is that the consumers fault and being tied into a 3 year contract with 2 years to run then should virgin be held accountable that a not fit for purpose policy is in play here.

anyone with any knowledge on this would be immensely helpful as we have no idea how to address this, all i can think of is as its software then its nothing my daughter has done for the handset not to work.
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  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    webbz wrote: »
    ...virgin have looked at the phone and have said they will not fix the phone as its out of warranty which is sort of understandable.....
    No, it isn't. It's fobbing off - if it's a consumer contract, not business. - Consumer Rights Armour
    Get a confirmation from Apple (proving that it's not your daughter's fault) in writing and threaten Virgin with court actions - Small Claims Court
    however what she/we dont understand is that as its a software failure then surely how is that the consumers fault and being tied into a 3 year contract with 2 years to run then should virgin be held accountable that a not fit for purpose policy is in play here.
    A consumer contract can't be 3 years.
    It's either a business contract or a separate (from services contract) credit contract for the phone alone. If the latter, Virgin still have their obligations as a supplier, regardless of the services.
    anyone with any knowledge on this would be immensely helpful as we have no idea how to address this,
    Read the above articles and send them a Letter before Action.
  • 20aday
    20aday Posts: 2,610 Forumite
    Ninth Anniversary 1,000 Posts Combo Breaker PPI Party Pooper
    With Virgin Mobile their airtime contracts are on a 30 day rolling basis, with a 0% loan on the handset, which can be up to 36 months.
    It's not your credit score that counts, it's your credit history. Any replies are my own personal opinion and not a representation of my employer.
  • Lorian
    Lorian Posts: 6,225 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    What sort of iPhone software issue is this that costs money to fix?

    Does it not boot up?
  • Lorian wrote: »
    What sort of iPhone software issue is this that costs money to fix?

    Does it not boot up?

    This should have been the 2nd post, not the 4th, as far as I'm aware there's no such thing short of trying to jail break the phone and bricking it maybe.
  • buglawton
    buglawton Posts: 9,246 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Exactly, there's no such thing as broken software with iPhones. Unless Apple want to charge for a straightforward re-installation because you're not good with tech. Something a backstreet phone repair shop would do for £10 or less while you wait.
  • esuhl
    esuhl Posts: 9,409 Forumite
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    Wouldn't a factory reset fix the problem?
  • pmduk
    pmduk Posts: 10,681 Forumite
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    esuhl wrote: »
    Wouldn't a factory reset fix the problem?

    It's worth trying that, from iTunes if necessary. It's the first thing Apple Engineers will do.
  • webbz
    webbz Posts: 22 Forumite
    thank you Grumbler will use this info as a way forward, virgin complaints have sent her a message saying the complaint is resolved and shut the case, didn't even give her an opportunity to argue her case :(
  • webbz
    webbz Posts: 22 Forumite
    pmduk wrote: »
    It's worth trying that, from iTunes if necessary. It's the first thing Apple Engineers will do.
    she took it to apple store and they said it was software issue and they would replace handset at a cost of over 300 quid, when we get handset back from virgin we will plug into itunes but i think she has tried that already so will find out when i see her.
  • webbz
    webbz Posts: 22 Forumite
    Lorian wrote: »
    What sort of iPhone software issue is this that costs money to fix?

    Does it not boot up?
    when she did a handset reset on the advice of virgin it only goes as far as activation screen but does not activate, says unable to connect to server or something like that.
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