Consumer Rights Act Question
SteveWallace - 10/8/17 at 08:44 AM
I have a mobile phone on a pay monthly contract from a well known media service provider who I will name once they have either given me good service
or not.
The phone is less than 6 months old (just) and has started to go wrong. I phoned their help line and they (quite reasonably) said that it might be a
software problem so they told me to do a full factory reset. This was a pain as I had to back everything up first and then reload everything (a nerve
wracking experience when half of your life is stored on the phone!), but I went along with it.
Unfortunately, it hasn't worked, so its probably a hardware problem. My issue is that I need the phone so I would not be happy if I had to send
it in for repair. Therefore, I want a replacement. I might be being cynical, but I am anticipating an argument when I request this.
My understanding of the consumer rights act is that if a fault develops within six months the provider would normally be required to offer a repair,
but if this would result in significant inconvenience to the consumer then they have to offer a replacement.
Does anyone have any experience of this or can anyone offer any tips for getting what I need?
SteveWallace - 10/8/17 at 09:18 AM
Ok, I've now phoned them - its Virgin Media.
I know its not the fault of the person on the other end of the phone as they are only following a script, but even though the phone is less than 6
months old they are refusing to replace it.
He said that the only option is to send it in for repair and that the fact that I signed a contract means that I have voided my rights under the
Consumer Rights Act. I told him that no contract can over right UK law, but he wouldn't have it, saying that I had a choice not to sign.
I've made a formal complaint, but apparently it will take a week for them to even start the process then the escalation process could take
months. Meanwhile I'm left with a virtually unusable phone. This is totally unsatisfactory and I would recommend that anyone thinking of
using Virgin Media think again.
I am really regretting adopting Virgin Media e-mail accounts for me and my family as it means that it would be very disruptive if we cancel all of the
services that they provide.
Not a happy bunny!
tajgreidotu - 10/8/17 at 09:38 AM
I understand your point, but no company will offer you a replacement without inspecting the phone, as they wont accept responsibility over your issue
without confirming it's actually their fault.
You cannot imagine how many products are returned as faulty and actually have been ruined by the user.
I think your only choice is to ask for a replacement during those days.
Good luck!
gremlin1234 - 10/8/17 at 09:54 AM
quote:
This was a pain as I had to back everything up first and then reload everything (a nerve wracking experience when half of your life is stored
on the phone!), but I went along with it.?
reminder to everyone, backup your phone occasionally!
WallerZero - 10/8/17 at 10:24 AM
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
This should help you out. The contract, as you said, does not and cannot override your rights by law, if it says it does, the contract is illegal and
you then have a bigger fight lol.
Basically you have to give them the chance to repair it if they choose that option. It might be easier asking if anyone you know has an old phone you
can borrow during that time to cause the minimum amount of disruption but unfortunately thats what happens when things break.
I would continue with them getting it repaired and start a further complaint at the way the customer service adviser has made false claims and handled
your call. Claiming their contracts remove your rights protected by law definitely wouldn't go down well. Stick something on twitter to them
about that, pretty sure it wouldn't go down well if their staff are thinking they are above the law 
joneh - 10/8/17 at 11:08 AM
Buy a cheap £20 android phone from Tesco and a SIM adapter and send your old one off for repair.
Don't waste your time being angry and getting no where.
fossett - 10/8/17 at 11:30 AM
if it's an iPhone, just make an appointment online and walk it into an apple store
SteveWallace - 10/8/17 at 11:42 AM
quote:
Originally posted by tajgreidotu
I understand your point, but no company will offer you a replacement without inspecting the phone, as they wont accept responsibility over your issue
without confirming it's actually their fault.
You cannot imagine how many products are returned as faulty and actually have been ruined by the user.
I think your only choice is to ask for a replacement during those days.
Good luck!
Normally I would agree with your first point but under the CRA if a fault develops within the first six months then the seller has to assume that the
item had a fault when they sold it. After 6 months you have to prove that you didn't break it.
One of the things that really annoyed me was his attitude - not only was he insistent that I had signed away my consumer rights and that OFCOM had
told them as much , he also strongly implied that I must have dropped it.
I phoned back after I had calmed down and got a much more understanding person who actually said that she agreed with me but that she couldn't do
anything about it. I asked her if they could loan me a replacement but they don't do that. She also said that they have a 6 day turn around for
repairs and that they could send me a sim to put in my old phone (takes normal sims and not the micro ones, otherwise I would have swapped it myself
by now).
I will end up sending it in for repair, but I am very sceptical that they will fix it as its an intermittent fault - they'll probably just do
another factory reset, test it for 5 minutes and send it back. I'm probably going to go and get an cheap second hand unlocked phone that takes
a micro sim and then cancel my contract with Virgin at the first possible opportunity.
If you could keep e-mail addresses in the same way that you can keep phone numbers when you change providers then I would cancel all of our services
with Virgin and they would be loosing ca. £1500 per annum of business.
SWIMBO is also due for a new phone, so Virgin will have lost two customers all because their starting point is that the customer is never right.
I'm going to continue with the formal complaint and shop the original call handler for his appalling attitude.
SteveWallace - 10/8/17 at 11:47 AM
quote:
Originally posted by joneh
Don't waste your time being angry and getting no where.
I know. They don't give a S@*t about customer service or the loss of business of one angry customer because they know that they pick up as many
customers as they loose due to everyone else being equally as bad.
Getting angry just ruins my day whereas they have forgotten about it and gone on to the next call 10 seconds later. I was going to play in the garage
this morning but I was too annoyed and I knew that I would break something if I tried.
theconrodkid - 10/8/17 at 12:05 PM
I had a similar problem with them,signed up as a new customer,within a week phone had died,they sent a replacement,that didnt work out of the box,they
sent a battered old one as a replacement,i was not amused and cancelled the contract....then they sent the balifs letter, i replied that we had a
contract,i give them money,they give me a phone that works,they didnt see it that way so i will never deal with them again .
car phone warehouse,totaly opposite attitude and you can speak to someone face to face .
Mr Whippy - 10/8/17 at 12:13 PM
quote:
Originally posted by gremlin1234
quote:
This was a pain as I had to back everything up first and then reload everything (a nerve wracking experience when half of your life is stored
on the phone!), but I went along with it.?
reminder to everyone, backup your phone occasionally!
that was my first thought! I use google drive and photo's on auto update and keep the bare minimum on my phone, anything I need where I may not
get wifi I keep on the SD card
gremlin1234 - 10/8/17 at 12:42 PM
quote:
...they could send me a sim to put in my old phone (takes normal sims and not the micro ones, otherwise I would have swapped it myself by now).
if you need an adaptor to make the tiny sims bigger, pick up a payg tri-sim at a newsagent, press the payg sim out, push your current sim in, and then
select the size you want.
[Edited on 10/8/17 by gremlin1234]
PSpirine - 10/8/17 at 03:02 PM
If it helps, I've just spent 5 days on the phone to O2 trying to carryover my old number to my new contract. Both on O2, for the record.
Incompetence doesn't even begin to summarise it. So you're not alone with your woes!
Fortunately it appears to be resolved after 3 attempts to cock it up on their part. In two minds whether write up a formal complaint about it all (and
get a £10 voucher), or just have a beer. Leaning towards the latter to be honest.
Just stick it in another phone with an adaptor as above, and send off for repair and keep on them to fix it/replace it. I see their side to a certain
extent (they need a chance to fix it before doing anything else).
craigdiver - 10/8/17 at 04:06 PM
quote:
Originally posted by gremlin1234
quote:
This was a pain as I had to back everything up first and then reload everything (a nerve wracking experience when half of your life is stored
on the phone!), but I went along with it.?
reminder to everyone, backup your phone occasionally!
No modern phone, android or iphone needs user intervention to back-up. Just make sure backup is enabled in settings and everything will be
automatically backed up to google (android) or icloud (iphone). I use both and when I change my phone all I need to do is log into my apple or google
account on the phone and everything is there as it was on the other phone.
Thank you technology :-)
SteveWallace - 10/8/17 at 08:45 PM
quote:
Originally posted by gremlin1234
quote:
...they could send me a sim to put in my old phone (takes normal sims and not the micro ones, otherwise I would have swapped it myself by now).
if you need an adaptor to make the tiny sims bigger, pick up a payg tri-sim at a newsagent, press the payg sim out, push your current sim in, and then
select the size you want.
[Edited on 10/8/17 by gremlin1234]
I ended up getting a sim adapter so I've now put the sim back in my old Galaxy s III mini. I'm sending the newer phone back tomorrow and
I'll be looking for a discount on my monthly bill whilst I'm using my crappy old phone again.
To be honest, I have no faith that they will repair it properly as its an intermittent fault. I fully expect them to do a factory reset again (even
though I've already tried that), test it for 5 minutes, decide that it works and then send it back to me (and repeat). However, I don't
appear to have any choice but to give it a go.
chillis - 10/8/17 at 08:46 PM
If your phone is on a contract then its not your phone until the contract ends, as such, the CRA only applies to the contract not necessarily the
items supplied under it. Thus the person you spoke to at VM may well be right. Either way you don't really have much choice other than to send
the phone in for assessment where they will either repair or replace.
It used to be that if the contract phone was faulty you just phoned them up and they sent out a new one often not wanting the other one back -
that's where about half the cheap iphones on ebay came from. The phone contract companies don't do that anymore and want the faulty phone
back whatever.
hearbear - 10/8/17 at 10:43 PM
They won't repair it they will just send out a new phone as that is the cheaper option for them.
chillis - 11/8/17 at 09:34 AM
Repair or replace is their choice, but either way, these days, they will want the phone back, it is theirs after all. HB is probably right they will
send out a new one with an intermittent fault, but the choice is theirs to make not yours and I don't suppose they take kindly to demands for a
new phone. You are contracted to a service, they 'lend' you a phone so you can make use of that service. Too many people don't seem to
understand that IME.