Virgin Media...multiple issues.

goz83

Just over 2 weeks, I ordered a 128GB iPhone 7 from Virgin Media.

I received the phone a couple of days after I ordered it and the phone was unlocked, so I temporarily used my old sim to go roaming with, just to be safe. Thank Christ I did because when I returned:

I found out that I could not use the Park By Text service when I visit my Dad at his apartment, or my sister at hers. The texts would not send. Turns out that Virgin doesn't support some short numbers and Park by Text is included.

Then my Hotspot was missing. A phone call sorted this out quickly. At this stage I was already thinking of cancelling the contract.

Then my phone died....dead. Screen is not working. Was not dropped, or bumped and was in a soft case from the second I unboxed it. The screen went dark and a few minutes later....nothing but a faint light. The phone rings and I can hear texts and emails come in. I tried a reset....nothing.


I called VM yesterday at noon and I was told a courier would be booked to collect phone. Have had no confirmation from VM or Nightline. I called VM an hour ago and they can't reach the courier. Was told I would be called before 6:30.....but I doubt this will happen.

I am concerned that they will do a fix, rather than replace. I don't like the idea of this, as the phone is so new and has already developed a significant fault and I don't like the idea of a repair guy opening it up and doing some fiddling around before putting a waterproof phone back together and returning it to me.

Am I entitled to end this contract without penalty? They told me that I would have to pay for the phone (before it died on me!) if I cancelled. I was happy to keep and pay for the phone monthly (€30) but cancel the Sim plan.They said I can't do that.

If I decide to carry on with them, am I in the right to demand a new replacement, rather than repair?

njs030

The retailer decides which to do, repair or replace it's not your choice.....

Edit because I didn't read the post properly!! A fault within a few weeks you should get a replacement. Sorry op!!!!

goz83

I used to work for Meteor and if a phone developed a fault within 28 days of purchase/delivery, it would be replaced with a new phone. After 28 days, it would then be the standard warranty and three R's would apply. I don't think a repair is reasonable for such a new item. It's only had a couple of hours of calls to date.

njs030

goz83 wrote: »

I used to work for Meteor and if a phone developed a fault within 28 days of purchase/delivery, it would be replaced with a new phone. After 28 days, it would then be the standard warranty and three R's would apply. I don't think a repair is reasonable for such a new item. It's only had a couple of hours of calls to date.

It's been over two weeks since delivery which is more than a few hours use though I didn't realise how short the time was so yeah I'd bet on a replacement op!

Xterminator

you can 'bet on a replacement' all you like.

however you don't have an automatic consumer right to a replacement.

some fine print on their plicy shows you have a 14 day return window which you have missed by now?

from VM website

13.8 Things beyond our control may affect the quality or availability of the Services,....... We will not be liable for any delay
or failure to provide the Services, including access to emergency services, or any interruption, disruption or degradation in
Services, or any loss of data or corruption of data that is caused by any of the following:

(viii) A failure of or defect in any Customer Device;

https://www.virginmedia.ie/pdf/Mobile/virgin-media-ireland-30day-sim-only-terms.pdf

njs030

Xterminator wrote: »

you can 'bet on a replacement' all you like.

however you don't have an automatic consumer right to a replacement.

some fine print on their plicy shows you have a 14 day return window which you have missed by now?

from VM website

13.8 Things beyond our control may affect the quality or availability of the Services,....... We will not be liable for any delay
or failure to provide the Services, including access to emergency services, or any interruption, disruption or degradation in
Services, or any loss of data or corruption of data that is caused by any of the following:

(viii) A failure of or defect in any Customer Device;

https://www.virginmedia.ie/pdf/Mobile/virgin-media-ireland-30day-sim-only-terms.pdf

Thanks for correcting me by saying the same thing I did in my first post.....

I've already said its up to the retailer to choose but it's quite likely they will replace it...thats what I'd bet they'll do that means.

Edit-your quote is from the sim only contract which isn't the one the op has.

stronglikebull

notjustsweet wrote: »

The retailer decides which to do, repair or replace it's not your choice.....

That's not true. The law does require them to remedy any fault, but you do not have to accept what they are offering. It's not a case of one decides, it's that both need to agree. The customer is not without choice here.

T&Cs often put in 28 day replacement clauses, etc, but you are always within your rights to ask for the remedy you want regardless of the time-frame.

If you can't agree a remedy, then Small Claims is where the decision will be made.

njs030

stronglikebull wrote: »

That's not true. The law does require them to remedy any fault, but you do not have to accept what they are offering. It's not a case of one decides, it's that both need to agree. The customer is not without choice here.

T&Cs often put in 28 day replacement clauses, etc, but you are always within your rights to ask for the remedy you want regardless of the time-frame.

If you can't agree a remedy, then Small Claims is where the decision will be made.

OP asked can he insist on a replacement. No he can't.


Yeah op you can say no if they offer a repair and go to the scc which could take months, all the while your phone will still be broken and you'll still be paying your bill.
When you get there the first question will be "why did you refuse a repair" and the answer "I didn't want one" is unlikely to be good enough.

But sure it's your choice.

L1011

stronglikebull wrote: »

That's not true. The law does require them to remedy any fault, but you do not have to accept what they are offering. It's not a case of one decides, it's that both need to agree. The customer is not without choice here.

T&Cs often put in 28 day replacement clauses, etc, but you are always within your rights to ask for the remedy you want regardless of the time-frame.

If you can't agree a remedy, then Small Claims is where the decision will be made.

If you are offered a reasonable remedy (permanent repair being one) and refuse it, Small Claims is not going to require the remedy of your choice.

stronglikebull

L1011 wrote: »

If you are offered a reasonable remedy (permanent repair being one) and refuse it, Small Claims is not going to require the remedy of your choice.

People should read what I was replying to before jumping all over this. What was stated is that the retailer makes the decision on what remedy is provided. This is simply not true. They must make an offer, but it is not only their decision. What's reasonable and what's not is up to the consumer to evaluate, and if they believe the offer is unreasonable, then they can take it further. Whether reasonable or not, the consumer can take the a small claims case, and the court will make the final decision. I never said it would go the consumer's way, only that the court is where a decision would be made.

OP asked can he insist on a replacement. No he can't.

Yes he can. The retailer doesn't necessarily have to give a replacement, but the consumer can insist on it.

In this case, the retailer sold a product that completely failed within days of getting it. If I were the purchaser, I would consider it unreasonable to have to wait on a repair, and would insist on a replacement unit.

ED E

stronglikebull wrote: »

Yes he can. The retailer doesn't necessarily have to give a replacement, but the consumer can insist on it.

Lay off the sauce.

L1011

ED E wrote: »

Lay off the sauce.

Lay off the After Hours style comments.

Former Former

BTW, since the OP never came back with a follow-up, I'm guessing he got a new replacement phone.

goz83

Update:

I still have no phone. VM have been less than incompetent and have had different answers every time I called, which includes different amounts of days for a turn-around.

Just on that note, On Sunday 26th when I made the first call, I was told it would take 10 days to resolve. On Monday, it was 7 Days....Tuesday was 4 days....Thursday was back to 10....Friday was 3 days and a half hour later it was back to 10 days :pac: . They also can't tell me what a working day is, so I have to assume is mon-fri, but yet, they open 7 days.

I never received any confirmation that my phone would be collected despite a few calls for confirmation. On Tuesday, a Nightline courier shows up at my door with no paperwork. I had to follow him across the road to get paperwork and I handed him the phone in the box with all contents.

It was sent to SBE Ireland. The notes say that the phone is in "Fair" condition and that the accessories were "battery and back cover". Odd, because the phone was in perfect condition as it was cased the moment I took it out of the box. I also returned all the accessories, because I hadn't taken them out of the box at all.

Got fed up calling VM and I called SBE. Very helpful lady answered. The supervisor deals with VM phones and is out today, but she still helped as much as she could. She contacted the workshop, who told her that the phone needed to be removed from my icloud account...something VM failed to tell me. So I did this and I am now awaiting an update.

She also told me that Apple generally don't do repairs for warranty phones and that a replacement would be issued more than likely. This is true of my past experience with Apple. The only question will be whether it's a refurb, or new replacement. I would be hoping for the latter, with the age of the phone I returned.

L1011

I have had an extremely bad experience with SBE in terms of repairs (basically not done)

njs030

A working day is Mon-Fri, so 10 working days would be 2 weeks, they probably don't know themselves which is why you're getting different answers. Its a how long is a piece of string answer. It shouldn't take more than 10 though.

I wouldn't worry about the wording used on the report it didn't say poor or describe defects which is all that matters

goz83

I rang VM yesterday at 3:15 and spoke to Tony. I write down times, names and other details for obvious reasons. Tony told me that SBE had got back to them and confirmed that a new replacement would be issued and I would receive an email to confirm same. No email arrived.

I rang VM at 11 this morning and I was speaking to a man named Tony. "I think I was talking to you yesterday Tony" I said. "Oh, no, you were talking to a colleague of mine....we sound similar" he replies. Anyway, I am sure it was the same guy, but I carried on and asked for an update. Tony tells me that there is a note to say the iphone lock was on and that SBE had to request that it was turned off.....which I did yesterday around noon when I spoke to SBE and they mentioned this. I told Tony this was done and he said it has caused a delay in progress and he would update me when he heard anything.

I said when I was speaking to a Tony yesterday, I was told that a new replacement was being issued. I told him the time I called and that it was Tony I spoke to. Tony said there were no notes on that. The last note was from the 31st, when I was speaking to Mark....even though I spoke to Rachel after I spoke to Mark. So, Tony was lying, or there was group incompetence.

I called SBE and spoke to the same lady. She remembered me and checked with the technician. She confirmed that indeed a new replacement would be issued and agreed to let me collect it when it arrives to them, likely tomorrow. I will be over the south-side anyway.

goz83

Received replacement today