Damaged Mobile Phone

SKP_2

My brother recemt;u purchased a brand new motorola v3 mobile with free airtime from Virgin for around £240. Two or three days latter he went back into the store and had it replaced with a new phone as one of the buttons did not do what it was supposed to do. Two weeks later the screen developed a crack accross it, my brother had not been playing any sports, had not dropped the phone etc. He thinks the phone was damaged with him sitting on it (with it being in his pocket)

Upon contacting motorola to get it replaced under his warrenty, motorola refused to do so, saying obviously the fault was not there when he bought the phone, and most have been caused by him, and therefore must have been caused by accidental damage which is not covered.

Virgin also refused to replace his phone or refund his money.

Surely he should expect that the phone should be durable enough to survive being sat on? Or does this count as accidental damage and therefore invalidate his claim under the sale of goods act.

Where does he stand with this, can he get his money back or a replacement and if so from whom?

Bendybops19

Hmmm i have to say that i think he doesnt stand a very good chance with this as it is accidental damage - its nothing electrical or to do with how the phone was made.

I would agree that the phone should be durable enough to withstand being sat on and maybe if he kicks up a seriously good stink they will eventually cave in. A phone really should be durable enough to last a number of years.

soul_sister_2

i have to agree moto or sp will not replace refund if it is accidently damaged although the screen should not of cracked when sat on.

kick up a stink really big stink!!

normally works for me! :rolleyes:

jaffa30

Hi

As said i would kick up a right stink in the shop on a saturday afternoon when its nice and busy.
Failing that what about the house insurance might be worth looking into to see if that covers the phone.


Jaffa