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Faulty Virgin Media Remote control, need advice.

  • 17-11-2015 10:34pm
    #1
    Registered Users, Registered Users 2 Posts: 3,253 ✭✭✭


    I have a Virgin Media remote control that no longer works properly.
    I have previously complained to UPC on several occasions, by phone, email and "Talk to UPC" on this website.
    Every time I did I was informed that I would have to pay a €20 replacement charge.
    I checked Virgin Media's Irish website and they seemed to have continued this policy.

    I think this is very unfair as the remote control is part of the service and it can't be used properly without it.
    They will replace any other faulty equipment free of charge.
    I'm at the stage where I am considering bringing them to the Small Claims Court, as they're not taking my complaint seriously.

    From the Sales of Goods and Supply of Services Act 1980 it's says that "where goods are supplied under the contract, they will be of merchantable quality".
    Am I right in my assumption that this would apply to the full length of the contract?
    Is there any under parts of consumer law that I could use?
    Appreciate any advice that people have.


Comments

  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    How old is the remote, and has it been mishandled in any way?

    You are entitled to an expectation that the remote should last a good while, but bear in mind that remotes are constantly handled, often dropped, sat on etc. I'd naturally expect a higher attrition rate with remotes.

    Do you want me to move this thread to the Talk to Virgin forum to see if the reps there can help sort this out?


  • Registered Users, Registered Users 2 Posts: 71,158 ✭✭✭✭L1011


    You can't use a TV without a remote but the TV manufacturer doesn't replace them for free.

    If the remote is over ~3 years old or you've got kids / dogs in the house, just pay the €20. "Contract" in your quote there doesn't mean quite what you think it means, either.

    Small claims will cost you more than €20 to begin with.


  • Registered Users, Registered Users 2 Posts: 3,253 ✭✭✭jackofalltrades


    dudara wrote: »
    How old is the remote, and has it been mishandled in any way?
    It's approximately 3 years old and hasn't been mishandled.
    The problems began around the 2 years mark.
    And as such I don't like the idea of potentially paying €20 every 2 years.
    Do you want me to move this thread to the Talk to Virgin forum to see if the reps there can help sort this out?
    No thanks, I can just see them repeating the same reply as UPC did, seeing as they have continued the same policy.
    L1011 wrote: »
    You can't use a TV without a remote but the TV manufacturer doesn't replace them for free.
    It sounds like you are talking about a situation where you bought the TV.
    If I was renting a TV and the remote stopped working then I'd expect it to be replaced.
    Just as I would expect the TV to be repaired/replaced if it stopped working.
    It's equipment needed to use the service being provided.
    And that's the crux of the matter really, that Virgin Media have no problems with replacing some equipment but charge for others.
    L1011 wrote: »
    Small claims will cost you more than €20 to begin with.
    I'm aware of that, but I'd be happier paying it to the courts at this stage.


  • Registered Users, Registered Users 2 Posts: 71,158 ✭✭✭✭L1011


    It sounds like you are talking about a situation where you bought the TV.
    If I was renting a TV and the remote stopped working then I'd expect it to be replaced.
    Just as I would expect the TV to be repaired/replaced if it stopped working.
    It's equipment needed to use the service being provided.

    Its easily breakable, consumable equipment. Look at a rental car contract and how they won't cover tyres on the normal insurance.
    I'm aware of that, but I'd be happier paying it to the courts at this stage.

    Clerk is vastly unlikely to file the case.


  • Registered Users, Registered Users 2 Posts: 3,253 ✭✭✭jackofalltrades


    L1011 wrote: »
    Its easily breakable, consumable equipment.
    A remote control isn't a consumable, it's a durable good.
    As for easily breakable, there's another Virgin Media remote control in the house that works fine and is 5/6 years old.
    Look at a rental car contract and how they won't cover tyres on the normal insurance.
    Car rental customers doing burnouts has got what to do with this issue???
    Clerk is vastly unlikely to file the case.
    Care to explain why?


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  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    A remote control isn't a consumable, it's a durable good.

    Care to explain why?

    Like it or not, a remote control is considered a consumable.

    The court will not take a case for €20 when the fee to lodge is €25. The purpose of the claim is to recoup losses and is not punitive.


  • Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭crazyderk


    Are you out of contract with Virgin/UPC? If so threaten to cancel contract and move to Sky. Say you're getting a box and remote for free ad so you'll take youre business elsewhere. they will put you through to cancellations dept who will give it to you for free and maybe some half price line rental to stay if you sign a new contract.


  • Registered Users, Registered Users 2 Posts: 6,033 ✭✭✭Slippin Jimmy


    crazyderk wrote: »
    Are you out of contract with Virgin/UPC? If so threaten to cancel contract and move to Sky. Say you're getting a box and remote for free ad so you'll take youre business elsewhere. they will put you through to cancellations dept who will give it to you for free and maybe some half price line rental to stay if you sign a new contract.

    Virgin don't charge line rental????


  • Registered Users, Registered Users 2 Posts: 1,059 ✭✭✭crazyderk


    Virgin don't charge line rental????

    Line Rental, Bill, tariff, I think people will get my point unlike yours. Thanks for your contribution!


  • Registered Users, Registered Users 2 Posts: 10,329 ✭✭✭✭Dodge


    It's approximately 3 years old and hasn't been mishandled.
    The problems began around the 2 years mark.
    And as such I don't like the idea of potentially paying €20 every 2 years.
    As for easily breakable, there's another Virgin Media remote control in the house that works fine and is 5/6 years old.


    So what is it? You know they can last 5/6 years but you're afraid to pay €20 for one that might last only 2 years? How have you been getting on the last year?

    have a look on adverts or donedeal if you don't want to pay €20 for a new one.


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  • Registered Users, Registered Users 2 Posts: 6,033 ✭✭✭Slippin Jimmy


    crazyderk wrote: »
    Line Rental, Bill, tariff, I think people will get my point unlike yours. Thanks for your contribution!

    No problem.


  • Registered Users, Registered Users 2 Posts: 33,518 ✭✭✭✭dudara


    To be honest, given the nature of the item, I would tend to consider it a consumable too. Remotes are subject to a lot of handling over the course of their life. It's not a case I'd be personally inclined to argue.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    To be honest, I'm pretty sure Sky would take the same line as Virgin Media on this.
    If you want a new remote then pay for it, if you want a free remote then just cancel and sign-up again and they'll send you a new box and remove...but you'll be in a new contract.


  • Registered Users, Registered Users 2 Posts: 6,033 ✭✭✭Slippin Jimmy


    Cabaal wrote: »
    To be honest, I'm pretty sure Sky would take the same line as Virgin Media on this.
    If you want a new remote then pay for it, if you want a free remote then just cancel and sign-up again and they'll send you a new box and remove...but you'll be in a new contract.

    You are correct. Sky do charge for replacement remotes. I'd say the ops best bet would be to try adverts.


  • Registered Users, Registered Users 2 Posts: 3,253 ✭✭✭jackofalltrades


    Like it or not, a remote control is considered a consumable.
    By whom?
    The court will not take a case for €20 when the fee to lodge is €25.
    The purpose of the claim is to recoup losses and is not punitive.
    Do you have a source for that?
    crazyderk wrote: »
    Are you out of contract with Virgin/UPC? If so threaten to cancel contract and move to Sky. Say you're getting a box and remote for free ad so you'll take youre business elsewhere. they will put you through to cancellations dept who will give it to you for free and maybe some half price line rental to stay if you sign a new contract.
    Still under contract, but planning to cancel once it runs out.


  • Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    jackofalltrades, if you're debating what somebody is saying about the small claims court and you're unhappy with Virgin Media's response and you don't want to agree with what people are saying here then why not just go ahead and try claim a small claim court action?

    It seems you just want people in this thread to agree with you, but people aren't going to do that,


  • Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    By whom?

    Do you have a source for that?

    .

    Source is experience.

    You just don't seem to want opinion or to listen.


  • Registered Users, Registered Users 2 Posts: 3,253 ✭✭✭jackofalltrades


    Cabaal wrote: »
    jackofalltrades, if you're debating what somebody is saying about the small claims court and you're unhappy with Virgin Media's response and you don't want to agree with what people are saying here then why not just go ahead and try claim a small claim court action?

    It seems you just want people in this thread to agree with you, but people aren't going to do that,
    I'm more than happy for people to disagree with me, I don't know what gave you the opposite impression.
    It's an anonymous Internet forum, so if someone makes a claim I might ask them for something to back it up with.
    I don't know them, so I can't take them at their word.


    Anyway thanks everyone for the opinions, I'll take them on board when I make a final decision.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    You are correct. Sky do charge for replacement remotes. I'd say the ops best bet would be to try adverts.
    With Sky you own the equipment outright whereas Virgin Media retain full ownership of the equipment.


  • Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    OP I just PM'd you.


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  • Registered Users, Registered Users 2 Posts: 762 ✭✭✭irisheddie85


    The 20 euro charge is if you return the remote and it is found not to be faulty.

    I have gotten a new remote from them and returned the old one. Once the old one was tested the 20 euro was refunded to my account.


  • Registered Users, Registered Users 2 Posts: 3,253 ✭✭✭jackofalltrades


    The 20 euro charge is if you return the remote and it is found not to be faulty.

    I have gotten a new remote from them and returned the old one. Once the old one was tested the 20 euro was refunded to my account.
    How long ago was that?
    From what they've told me the €20 is to send a new one out.
    There was never any mention of returning the faulty one and getting it tested.


  • Registered Users, Registered Users 2 Posts: 762 ✭✭✭irisheddie85


    How long ago was that?
    From what they've told me the €20 is to send a new one out.
    There was never any mention of returning the faulty one and getting it tested.

    Summer last year I think


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