Jump to content

You can now change your notification sounds by going to this link https://www.consumeractiongroup.co.uk/index.php?/&app=soundboard&module=soundboard&controller=managesounds

 

You can find a library of free notification sounds in several places on the Internet. Here's one which has a very large selection https://notificationsounds.com/notification-sounds

 

 

BankFodder BankFodder

 

BankFodder BankFodder


  • Tweets

  • Posts

    • Hi dx   sorry for late reply didn't realise you had replied. When I think back I have had at least 2 cheques in response to charges from HF in the past few years (I had a student OD and a current account) if it effects anything
    • well thats not an issue to you.   if you have have not received a SJP form with lots of sheets of other journeys for you to sign off as TIC then i don't think they can prove the use was yours and not the designated user of the card.   since the even have your purchased or use a valid pass and have proof of this ? what date is the SJP case please   dx  
    • you'll only ever be poked to people like moneybarn etc that are all +40% via most online site.   have you had any running credit in the last few years? i've had none and that killed my score just as bad as a default would. they cant see you can have money management skills bar the default.     the other thing to remember is covid is killing credit approval too and ofcourse they can use the poor rating excuse.  
    • I've had a look at some of the other backdoor CCJ threads, but haven't found an example N244.   However, in a sense that's a good thing, write your own draft based on post 98.  It doesn't have to be in legalese,  just a quick summary of your position in normal English.   One of the Site Team could do it for you, but we're normally very reluctant to do so because it will be you (not us) in front of the judge (or given COVID, probably on the phone to the judge) so it's important that you understand and are confident with your arguments.   Wait for EB to comment on the draft tomorrow, on those other threads I see he goes on about a Supreme Court judgement re set asides and he's been in court himself in a similar situation several times.    I don't know about suing for the £255, maybe dx or EB will know more.    Whatever you do, there will be an element of risk due to mistakes (mistakes are no problem, been there done that, but learn for the next time).  It's not a good idea to throw away documentation when you're in a legal dispute with someone, and you should always tell them of a change of address.  Plus a case should have been built at the time against these charlatans, such as taking photos of their rubbish signs.   Sorry to be the bearer of bad news, but your personal circumstances are irrelevant to the court.  You've "defied" a court order - tough.  Of course we know you haven't really defied a court order as your N244 will show, and will be the start of the fightback.
    • Thanks for the comments FTM and Dx, I hope to pay the fee over the phone, then send the N244 tomorrow, Does it make any difference whether I email  the court or post it in triplicate? Email is obviously easier.   Is there an example N244 on here, that will give me an idea of what to say, in legalese?   Dx you said I should sue for return of the fee, do I do that in the N244, or after it is set aside?   Lastly, the N244 says you can continue on an extra sheet, are the courts sympathetic to genuine causes of distress, as I'm actually in dire straits, the CCJ is preventing me from opening a business account to start my company and no estate agents will rent me house, so out of work and soon to be evicted and a burden on the state. A satisfied  CCJ will not help at all. Can I include such things?       
  • Our picks

    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
Audioboxer

Taking Virgin Mobile to small claims court over Galaxy S6 warranty refusal (rooting/flashing)

style="text-align:center;"> Please note that this topic has not had any new posts for the last 1649 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hello TCAG forums,

 

I currently have an ongoing dispute with VM over a Galaxy S6 home button manufacturing issue that has been denied exchange/repair over evidence the phone has been rooted. Most of my case has been documented here - hxxp://community.virginmedia.com/t5/Mobile/Repair-refused-on-days-old-handset-due-to-root-Galaxy-S6/td-p/2918695

 

To summarize for everyone on these forums, the home button was loose on delivery of the phone, but operating okay for the first few days. It then began to stop registering some pushes when the button was pressed on the right hand side. After contacting VM a few days in (within 14 days) I was offered a doorstop exchange. This was cancelled a day later and I was told I had to send for repair. Repair was refused under warranty for evidence of the phone being rooted and I was quoted £200. I refused.

 

I contacted Citizens Advice who advised me to write to them and state the sale of good act and burden of proof. I also enclosed a copy of this article - hxxp://fsfe.org/freesoftware/legal/flashingdevices.en.html I stated it was a physical fault, and not anything caused by software.

 

Today I was contacted and told VM are sticking to their guns and the reason for the exchange being cancelled was they wanted to inspect the phone first to make sure I hadn't misused it, dropping for example. I tried to argue that I shouldn't be held guilty to misuse until proven innocent and that other companies all exchange within 14 days and inspect the handset after exchange.

 

I have now contacted CA again, and know the next step they will advise is raising with the small claims court. I contacted FSFE via email to seek more advice on their article and law as well.

 

Has anyone else experienced issues over flashing an android device with other software? I've had a Nexus phone in the past sent back to Google with no issues, and even read many examples of people sending phones to Samsung under warranty with no issues.

 

Thanks a lot.

Share this post


Link to post
Share on other sites

Why dont you send it Samsung directly?

I root all of my devices that I own but UNROOT Them before sending them off.

Is it Samsung who have refused to do anything or VM. Samsung will repair it Guaranteed!

 

Also before you go to court... Email the CEO.

 

 

Before sending it off, youll need to flash stock firmware via Odin...

Shouldnt be too hard :)


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites
Why dont you send it Samsung directly?

I root all of my devices that I own but UNROOT Them before sending them off.

Is it Samsung who have refused to do anything or VM. Samsung will repair it Guaranteed!

 

Also before you go to court... Email the CEO.

 

 

 

Before sending it off, youll need to flash stock firmware via Odin...

Shouldnt be too hard :)

 

Hi, thanks for your reply. I went via VM because the handset was days old and I wanted an exchange rather than a repair/refurb. I think by law I'm required to go to the retailer first within 14 days before I approach Samsung. Now it has become a bit of a battle of right and wrong for me. I know I could probably give in to VM and go to Samsung, but I'm hesitant to do that given how far I've battled so far.

 

VM refused to do an exchange, and then it was VM repair technicians who refused to repair. VM said today they spoke to Samsung directly for advice on my warranty, and concluded it is still void.

 

I did return it to stock via Odin, but I think Knox trips so that is the evidence they were using.

Share this post


Link to post
Share on other sites

Yes it does, but technically because its hardware, and not software, I believe it shouldnt void it.

Arrange for Sammie to look it over, I think you may be alright :)

 

I like Sammie, theyve done wonderful jobs for me with my repairs, all with KNOX Tripped :)

Otherwise email the execs office :)


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites
Yes it does, but technically because its hardware, and not software, I believe it shouldnt void it.

Arrange for Sammie to look it over, I think you may be alright :)

 

I like Sammie, theyve done wonderful jobs for me with my repairs, all with KNOX Tripped :)

Otherwise email the execs office :)

 

All research into the law, and even CA, told me it shouldn't be void in this case. I can understand if they can argue YOU have somehow caused damage via software, but this is a physical button manufactured out of parts, nothing software related.

 

Considering I've written to them I'm not sure how emailing the execs office would help, but thanks, I'll do it anyway.

 

I'm waiting to hear back from CA and FSFE for further advice. At the very least I'll give them a few days. I think it will be interesting to see this case battled out, if only to give further and clearer information on EU law in this digital age.

Share this post


Link to post
Share on other sites

The execs office have a lot more Clout when it comes to things... in ANY organisation. Ive had entire clumps of debts written off and issues resolved REALLY Quickly when dealing with companies on the Exec level :)

  • Confused 1

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites
The execs office have a lot more Clout when it comes to things... in ANY organisation. Ive had entire clumps of debts written off and issues resolved REALLY Quickly when dealing with companies on the Exec level :)

 

Thanks. I will email today.

 

Funny thing is I work for Virgin Media, and thought I might throw that in to try and argue my case! But I remained professional and acted like a consumer, rather than an angry employee haha. I only work with the home services side anyway, not mobile.

Share this post


Link to post
Share on other sites
The execs office have a lot more Clout when it comes to things... in ANY organisation. Ive had entire clumps of debts written off and issues resolved REALLY Quickly when dealing with companies on the Exec level :)

 

Me too.

 

I was having issues with roaming whilst in France recently,. basically nothing worked, the Virgin Forum guys were useless, just telling me to phone..I COULDNT !!.

 

I found a CEO address and they got everything sorted real quick.

Share this post


Link to post
Share on other sites

Just to let everyone know, I received a response via the CEO email already and they are going to look into things. Tom wasn't available personally but another member of staff will help. I mentioned this time that I work for Virgin Media for what it will count.

 

Cheers

Share this post


Link to post
Share on other sites

Well it might do... Reason being is because Virgin need to make sure their staff have confidence in the brand otherwise... Potential sales opportunities lost...


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Share this post


Link to post
Share on other sites
Well it might do... Reason being is because Virgin need to make sure their staff have confidence in the brand otherwise... Potential sales opportunities lost...

 

To be fair I only mentioned in the follow up response when they asked for some details (telephone number/etc). So response to me originally was just as if I were a normal consumer.

Share this post


Link to post
Share on other sites
Keep me posted,.

 

Will do! Thanks for the email address, even if I could easily have found it via work :p

Share this post


Link to post
Share on other sites

Hey forum, was called from the CEO's office today.

 

The company they use for repairs UTL are claiming that installing 3rd party software is misuse, and the phone is "corrupted". In order for them to install stock software, which I did myself via ODIN, they say the motherboard needs replaced to fix corruption and that is what the £204 charge is for. The home button will conveniently be fixed under warranty within that charge.

 

So the only option they are giving me is to pay.

 

I pressed on what on earth corruption meant, and asked for details about what was wrong with the handset, but I was just told the same. They need to replace the motherboard to install stock Samsung software. We shall see how that claim holds up in court, especially stating misuse and "corruption" of the device.

 

:violin:

 

What could be helpful from these forums is if anyone who has ever had a Samsung phone repaired while rooted/KNOX tripped/flashed could just leave a simple post stating so. Taking evidence of double standards to court should help if I get attacked on the Samsung/Mobile providers have zero tolerance to repairing handsets with evidence of 3rd party software.

Edited by Audioboxer

Share this post


Link to post
Share on other sites

I have a a rooted S6 (SM-G920F), which is on 5.1.1, but I did it without tripping the KNOX counter. I always root my phones, and it's the reason I avoid iStuff.

 

Software CAN in certain circumstances cause physical damage, but they would have to show how/why it did.

 

They won't have a leg to stand on if you persue this to court, but they'll never admit it.

Share this post


Link to post
Share on other sites
I have a a rooted S6 (SM-G920F), which is on 5.1.1, but I did it without tripping the KNOX counter. I always root my phones, and it's the reason I avoid iStuff.

 

Software CAN in certain circumstances cause physical damage, but they would have to show how/why it did.

 

They won't have a leg to stand on if you persue this to court, but they'll never admit it.

 

Thanks.

 

Yeah I can accept certain circumstances being provable. I only had the phone for a matter of days, it was rooted on STOCK firmware. I didn't even get around to a custom ROM. Done it to remove some bloat. Returned to stock before sending back as well. I'm bulletproof there, the phone operates 100% fine, except from the physical button being knackered. Virgin phones run on the international FW as well, so it's not as if I flashed a 3 branded FW by accident or something (not that that should even matter).

 

I will be going to court, but I also have to contact CISAS. VM state this is part of their formal complaint process, and that the CAB isn't. So I'm filling out my CISAS complaint just now - hxxp://store.virginmedia.com/content/dam/eSales/Downloads/Consumer%20Complaint%20Code%20of%20Practice.pdf

 

I really do think these companies, especially the repair company UTL, rest on laurels that consumers don't know enough about technology and will be scared to back down. I mean using the term "corruption". It's laughable and an attempt at scaring someone. I pressed multiple times for an explanation of corruption. Funnily enough they haven't mentioned KNOX once. Maybe thought I wasn't intelligent enough to know what KNOX is and that saying corruption is the best move :oops:

Edited by Audioboxer

Share this post


Link to post
Share on other sites
Go direct to Sammy... Easy :)

 

Theyll fix it :)

 

I know they probably will, but I'm not one to back down when there is injustice. I feel for anyone not as knowledgeable who will end up scared and fork over the £204, especially when the CEO's office get in contact. I told the adviser on the phone I rejected the outcome and that was pretty much okay bye. He should have referred me directly to CISAS as per the VM complaints process, and he didn't.

 

I really want to see UTL explain "corruption" to a court. As I just posted on the VM forums - http://community.virginmedia.com/t5/Mobile/Repair-refused-on-days-old-handset-due-to-root-Galaxy-S6/m-p/2939054#M47983 I have not been and am not going to argue my knowledge of Android with advisers. If UTL/VM want to present "corruption" as fact I will roll with that to claims.

 

It's pretty much a ransom. Pay us £204 to replace the motherboard and we will fix the home button under warranty. They could get away with not even touching the motherboard and technically as a consumer I would know none the better! (opening my handset would be misuse and void warranty). There are discussions that KNOX is an efuse, but on XDA there's speculation that KNOX can be reset on the S6 by Samsung without changing any internals. Either way at the end of the day KNOX is something Samsung destroy on your phone by their choice, it's not something you choose to destroy due to legal use of software on your handset (yes I know technicalities of saying you choose to flash, but Samsung setup the KNOX switch by their own choosing, it is not law for them to do so, or mandated by Google, and neither does it stop stock software from working/being flashed).

Edited by Audioboxer

Share this post


Link to post
Share on other sites

An update from the CAB

 

Dear Mr,

 

Thank you for your e mail about case reference number

 

Thanks for updating us about your problem. I understand that you have attempted to resolve the issue with the trader but they still state that the warranty has been voided.

 

Your next steps

As you have written to the trader who has been unwilling to assist in resolving this issue, you may now have to escalate this through a trade organisation or through an alternative dispute resolution scheme. These steps will be the last steps available before taking the matter to small claims court.

 

The alternative dispute resolution scheme for communication provider is Communication and Internet Services Adjudication Scheme (CISAS) for information on the service they provide click here.

 

You may also wish to contact the Office of Communications (Ofcom) who are the independent regulator for UK communication industries. You can visit their website by clicking here.

 

What we’ll do

We can also look at this stage to refer you details to your local Trading Standards for them to contact you as they may also be able to offer further advice or assistance. If you would be happy for us to this if I could ask you to confirm by replying to this email.

 

If you want to discuss this further please call us on 03454 04 05 06 or reply to this e mail

 

Kind regards

 

Citizens Advice consumer service

Share this post


Link to post
Share on other sites

Audioboxer,

 

I'm please you are determined to pursue VM on this one. It is after all the retailer who is legally responsible rather than the manufacturer so you shouldn't have to approach Samsung.

 

Please keep us updated with progress.

Share this post


Link to post
Share on other sites
Audioboxer,

 

I'm please you are determined to pursue VM on this one. It is after all the retailer who is legally responsible rather than the manufacturer so you shouldn't have to approach Samsung.

 

Please keep us updated with progress.

 

Latest update is I'm waiting on a letter of deadlock from VM. CISAS will take my case but require this letter of deadlock before proceeding. Trading Standards had a 20 minute conversation with me the other day after phoning me and pretty much agreed VM are in the wrong. At this moment in time though their advice is to let CISAS take the case from here and see what the outcome is.

Share this post


Link to post
Share on other sites

Long time since I've been back! You can read updates here - http://community.virginmedia.com/t5/Virgin-Mobile/Repair-refused-on-days-old-handset-due-to-root-Galaxy-S6/m-p/2994718/highlight/false#M52494

 

But to summarize things, CISAS ruled against me, and stated they would not accept an appeal (usually they do... so this seemed iffy). All I could do was accept or reject, I obviously rejected. They said I had not provided evidence it was a hardware fault and Virgin had done nothing wrong... They advised me to pursue legal action if I wanted.

 

Trading standards then met with me and over the course of an hour meeting agreed I had a case worthy of taking to court, and the CISAS rejection was weak. However they did advise I approach Samsung first directly.

 

Samsung have now fixed the phone no questions asked :) There is a picture on the VM forums above confirming it was a physical fault.

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...