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Hello

 

I wonder id someone could help me with a situation I have been put in by Virgin Mobile, I have an HTC ONE X 24month contract with Virgin Mobile at £42pm unlimited.

 

I am 10months into the contract at the moment and the HTC ONE X has been playing up for the past couple of months, it then started to reboot itself all the time, so I contacted Virgin and sent it in to be fixed, they then sent me a second hand HTC ONE X that had the same problems, I was vey annoyed at this and contacted Virgin again and said this was unacceptable as the replacement phone had the same issues as the first.

 

I explained that I was a disabled graphic designer and that I have to work from home and the mobile was an essential part of my work, I had lost some work with the disruption this caused the first time around and was extremely unhappy the way they were treating me, they sent me a email saying this was their final answer on the matter, I emailed the CEO’S and one of their Androids phoned me to explain that they don’t replace for new only refurnished phones, I was not very happy about this and demanded a new replacement phone the answer was NO, I asked if they could it change the phone for another model there answer was NO,I asked if I could sell the phone they said that was okay as it was my phone, and I did not get much further with that particular Android model.

 

Anyway after various emails and phone calls I was only given the option of another replacement refurb phone, I refused this and asked if my contract could be cancelled as I had a £42pm sim and no phone to work with the answer was NO, but the lady said if this had problems then they would replace it with a new phone, I waited the usual 4 days or more to receive the phone and when it arrived to my utter amazement it had screen damage inside the phone some LCD type of mark like you have when you put your finger on a LCD tv, I was absolutely furious and bombarded the CEO'S with emails venting my frustration, I asked for a new phone was told NO, asked to have an equivalent priced phone as a replacement and the answer was NO, I told them I could not even sell the phone as the last Virgin guy said I could do because of the damage, they did not care at all, anyway I was out at a doctors appointment with my wife and she had a call from Virgin wanting to speak to me about the problem, I went through the same scenario again and asked if they could exchange it for a Samsung galaxy s3 new or second hand thinking it as to be better than the HTC ONE X and he said he will call me back in ten minutes ,he phoned me back and said they were prepared to give me a new Samsung galaxy s3 mini I told him this was disgraceful as the reason I took the contract out in the first place was because of the HTC ONE X and for virgin to offer a smaller downsized phone as a replacement was totally unacceptable , he said he could do no more and I told him I am going to cancel the direct debit to virgin and put the phone down.

 

When I got home I was seething and sent the CEO’S tem emails venting my anger and stupidly said I would bombard them with more everyday, an hour later I had a phone call from Virgin Internet security team saying they would cut me off because of my constant emails to the CEO’S had broken some sort of rules regarding my broadband, I explained my situation to the fellow and told him if they did cut me off I would continue to bombard them with emails from other internet sources plus they wont get paid for my broadband also as I will cancel the direct debits to them also, I told him I was Computer savvy and the best thing Virgin could do for me was to end all my contracts with Virgin completely and I would be rid of this despicable company , anyway I agreed not to email them all the time but would like a solution to this problem as I wont go away, I also told him that I was going to email the CEO’S one more time in a civil manner and hope for a agreement to end this nightmare, I am still waiting on this!!!

 

Sorry for my long-winded rant but I don not know where I stand and would love some advice on this matter.

 

Thank you very much for listening

 

Rom

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You should just sue in the county court. Once they get the court papers they will start to look at the problem seriously.

You have allowed yourself to be dragged round by the nose. It is about time you stopped it all and took control.

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Hello BankFodder

 

Thank you for the reply, yes I have been dragged around by the nose,but I will not back down on this,I have never done this before so how would one sue Virgin in a county court,any help I would very much appreciate, I give them plenty of chances.

 

Regards

 

Rom

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I must add that the lady I spoke to give me a credit for £60 to compensate for the loss of service, is there a draft letter somewhere that i can use for this situation I am in or would anybody have an idea on how to proceed with this ?

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Be careful about accepting gifts of compensation. They might come back and say that it means that you accepted the situation and have given up your rights.

 

 

There is a protocol which is that you give them 14 days to sort themselves out.

 

Write a letter setting out what has happened in brief bullet-pointed form. A chronology.

 

Tell them what you want - make sure that your demands are reasonable and justifiable in court.

 

Tell them that if they do not comply within 14 days, you will sue.

 

Then sue.

 

Come here for help on the wording.

 

Don't bother to write this if you think that you are going to bluff them.

 

In the meantime read around on making a county court claim.

 

Do everything in writing - or record calls.

 

One they get the court papers you will probably see a change in attitude.

 

If you think that you want to terminate the contract then tell them in your letter that if it is not sorted in the 14 days that you will consider that they have terminated the contract and that you will sue for your losses - set out what your looses are.

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A letter before action addressed to the company secretary would be the next stage imo to allow them 14 days to remedy you complaints..

 

Private & Confidential

The Company Secretary,

Vrigin

Head Office Address.

 

 

Ref: Virgin Mobile Account Number xxxxxxxxxxxxx

 

Date: XX XX XXXX

 

Sir/Madam,

 

Letter Before Action:

Please take note a response is required within 14 days of the default hereon:

Following the failure of Virgin to rectify problems with xxxxxxxxxxxxx phone which was purchased on xx xx xxxx and has constantly failed to operate properly and has been returned to Virgin for replacement on xxx occasions.

 

Virgin have not made any reasonable offer of suitable replacement or financial redress for their failures to rectify my complaints, listed below is what I REQUIRE Virgin to do to satisfactorily remedy the situation within 14 (fourteen days) of the date hereon>

 

1. Replace the Phone with a NEW handset of equivalent (or better ) better specification then the original handset (specify type of phone.

 

2. Due to Virgins unacceptable conduct regarding this matter I require financial redress for the time, effort and costs involved in my attempting to reach a satisfactory conclusion to my complaints.

 

3. As previously informed Virgin that I am disabled and have to work from home and that a fully functional mobile phone is essential to my needs. Virgins failure to remedy the problems has caused consequential loss of income, and Virgin must now consider financial redress for the losses caused by its failures.

I consider a sum of £xxx to be reasonable in this case ( you know the value of the loss enter it here).

 

For clarification and the avoidance of misunderstanding Virgin must within 14 days remedy my complaints to my complete satisfaction within 14 days failure to do so WILL result in a County Court Claim being issued without further notice to Virgin.

 

You can amend and add in more detail as to what has occurred .

 

Send by RM recorded/signed for post, check delivery date:

 

I hope this helps.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Thank you do much Bankfodder and Brigadier2jcs, two questions though 1.what address do i send the letter to ? 2. shall I contact the ceo and let them know my intentions so I have a record of the email sent?

Many,many thanks for you help on this matter,really appreciate this.

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Send it to their reg address on the statement.

Send it to the CEO if you want. Just make sure that whatever you do you stick to your deadline

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Recorded/signed for delivery, check receipt date.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Hello again

I would like to give them one more email before I take this action, I used to email Niel Berklett I think he has moved on, so can you recommend an alternative email to send them please, I have used the letter and made minor changes for both email and Letter, I would like to have a electronic correspondence as evidence as evidence also to show I have tried to resolve the matter without resorting to court, could you let me know if it is okay and what do you think on this process?

 

Many Thanks for your help on this matter

Rom

 

Virgin Media reference - XXXXXXXXXXXXXXXXXX

Virgin Mobile Account Number: XXXXXXXXXXXXXXXX

 

 

Date: 03/06/2013

 

Sir/Madam

 

This email is for your perusal before I proceed with Action.

 

Following the failure of Virgin to rectify the indefatigable problems with the HTC ONE X phone, which was purchased in September 2012 and has constantly failed to operate properly and has been returned to Virgin for replacement on numerous occasions.

 

Virgin have not made any reasonable offer of suitable replacement or financial redress for their failures to rectify my complaints, listed below is what I REQUIRE Virgin to do to satisfactorily remedy the situation within 14 (fourteen days) of the date hereon>

 

1. Replace the Phone with a NEW handset of equivalent or better specification than the original handset HTC ONE X

 

2. Due to Virgins unacceptable conduct regarding this matter I require financial redress for the time, effort and costs involved in my attempting to reach a satisfactory conclusion to my complaints.

 

3. As previously informed Virgin that I am disabled and have to work from home and that a fully functional mobile phone is essential to my needs. Virgin’s failure to remedy the problems has caused consequential loss of income, and Virgin must now consider financial redress for the losses caused by its failures.

I deem a sum of £300 to be reasonable in this case and this is considerably lower than my deficit.

 

For clarification and the avoidance of misunderstanding Virgin must within 14 days remedy my complaints to my complete satisfaction within 14 days failure to do so I will consider that my contract has been terminated and WILL result in a County Court Claim being issued without further notice to Virgin regarding my losses.

 

Furthermore all future phone calls will be recorded as evidence.

 

Regards

 

My Name

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TBH I would not bother with another e-mail it will just drag things on further, the formal complaint means that they MUST reply.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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A quick update on the situation,I just had a call back from the CEO office and some young lady proceeded to explain to me that I cant claim for loss of business as it is residential and not a business mobile,the offer of a new phone mainly the Samsung galaxy s3 mini was made as a gesture and they thought that reasonable,she also explained that with the £60 offer to my loss of service was another gesture, I explained to them the reason I had the HTC ONE X in the beginning was that I had been talked into it by one of their staff and to have a downgraded phone as an replacement and still pay the full amount is ridiculous, basically they are not going to back down and kept reminding me of the small print in the contract and they have done everything they could and that is their final offer, I told them we will see,she asked if I was happy with the outcome and I said no so she took back the £60 gesture, is there a way I can get out of this contract,they are a despicable company ? sorry for the rant I was happy today until this :(

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A letter before action would be the next step, but you will need to follow it through if they don't change their tune.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Following

CAG has helped me so much since I joined. Based on what I have learnt from others on here and my own experiences, I try to chip in and help others from time to time. I am not an expert and give my opinion only. Always check with the more experienced CAG members before making important decisions.

:-)

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I will follow it through, I am not very good at wording though, I have had enough of this awful company,both their mobile and media, the phone is in my wife's account and she said she didn't sign a contract she did it all on the phone so if this is true what would the process be then? Thank you by the way for all your help,what a wonderful forum this is,it is a shame though that so many people have to go through the same or other problems like this.

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A quick update on the situation,I just had a call back from the CEO office and some young lady proceeded to explain to me that I cant claim for loss of business as it is residential and not a business mobile

 

Just because the young lady said that, there is no reason to presume that she is right and no reason not to include it in your claim. There are lots of self employed people who have a personal phone who use it for business purposes. In any event, are Virgin saying that they would have treated the situation differently if this was a business account?

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