Virgin Mobile Breach?

[eoghan]

Hi,

 

My sister purchased an iPhone 5s through VM in January 2014, after about a month, the phone started glitching and she has had problems with it ever since, no screen periodically, missing texts, texts not sent or received, random blank screens, she's reset, upgraded to latest OS, you name it, she's tried it. No joy. she has had calls to the CS team and they are not helpful at all, with their most recent response now saying that as the phone is outside of the 1 year warranty they can't replace the phone and it would be a chargeable repair.

 

Now given that they will have record of the 1st complaint and all the subsequent complaints that were inside the 1 year warranty period, is there any way she can get them to either repair or replace for free?

 

Thanks in advance.

[eoghan]

This their latest response.

 

Thanks for your email regarding your mobile phone.

 

I'm sorry you've had issues with your phone, not what we want at all.

 

I understand your phone isn't receiving calls and sms sporadically and your screen becomes blank at times during the day.

 

I have read your email and understand you have reset your phone. Is your phone running on the latest software?

 

With your phone, we offer a 1 year warranty, so if the fault occurs in the fist year, we would repair the phone free of charge. This also applies to Apple if you went to them directly.

 

I understand you pay for a service, and we are giving you that service, the fault is with the phone itself. Unfortunately you are out of the 1 year warranty. If you wanted the phone to be sent in to our repair centre, it would be a chargeable repair.

 

I'd recommend taking the phone directly to Apple to see if there's anything they can do, as they are the manufacturers of the phone. You can book your phone in at your nearest Apple store by downloading the "Apple Store" app, and go to the bottom, it will say "Stores" select that, then click on "Genius bar", this will allow you to book your phone in at the nearest store.

 

I understand we have provided you with the phone, but unfortunately we wouldn't be looking to replace the phone or take you out of contract due to this.

 

Please let me know how you get on with this.

 

Kind regards,

[Guest]

as was within the year first reported and continuing, then shld still be subject to their (or manufacturer) 1 yr warranty. did you try apple direct.

if it is a fault then it shld be free repair, if no repair poss then replacement

then there are any poss statutory rights (eg sale of goods). a modern (expensive) phone shld be expected to last for more than a year normal use?

[Conniff]

It matters not if it is in the first year or not. The fact the reports started within the first year will help tremendously. You can make a claim under the SoGA, but as it is older than six months, it is up to you to show the problem was there at the start and your complaints to Virgin should do nicely for that.

As you can expect your phone to last longer than it has, then you have a good case to make demands on them to repair.

 

 

Contact them sighting the dates on which you have made complaints and mention the sale of goods act 1974.