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Haystacks
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Legal Dispute - Sale of Goods Act & Consumer Credit Act

Last month I bought a brand new Samsung Galaxy S5 on 2 year credit from Virgin.  Phone only 2 weeks old when suddenly the SIM card is no longer registered (it had never been taken out or fiddled with), battery overheats, spontaneously reboots every 5 mins;  ie, gone berserk. Factory reset no help so returned for repair under warranty.

 

Phone comes back 'repaired' after a week. Works fine for a couple of days, when suddenly it goes berserk again, with exactly the same symptoms as before.  Returned again for warranty repair last week.

 

Got a call today from Wales saying the sim card reader is "physically damaged" so the phone is not covered by warranty and will cost £170+ to repair.  If we don't pay, the phone will be returned to us, unrepaired.

 

Shocked, appalled & speechless.  Virgin are implying that we damaged a phone that they repaired UNDER WARRANTY only two weeks ago.  Identical fault, but now it's not their responsibility.  

 

I feel sorry for the Virgin call centre staff in the Philippines who try very hard, but are powerless against Virgin's abrupt and sarcastic technicians in Wales.

 

Sad to say, but due to Virgin’s unreasonable action, it looks like we will have to go big time legal - either under warranty, or the Sale of Goods Act, or the Consumer Credit Act.  I know my rights and won't be bullied.  Watch this space.

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enlli
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

And you may well find that Samsung will not repair it as it has been worked on by a company that is not approved by them.

Something to note if people have problems in the future. Send it  straight to Samsung!

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Haystacks
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

whaaat? If Virgin are unauthorised to carry out repairs and thus voiding the warranty themselves, that's even more shocking.

Anyway, as soon as the phone comes back, I will commence the appropriate steps to enforce their legal obligations.
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oldgit
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

Get on to Trading Standards.
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Forum Team
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

Hi Haystacks,

 

Thanks for posting.

 

I sincerely apologise for the problems you've been having with the Samsung Galaxy S5. It's not good when anything goes faulty but for this to happen twice in a few weeks is certainly not acceptable.

 

I wanted to check the latest update on this because the post is 3 days old now. Could you please answer the following questions:-

 

Has the phone been sent back to you?

Is it still faulty?

Have you spoken to our team again since posting?

 

I'm very keen to hear the update. Please reply back as soon as possible.

 

Thanks


Rich
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Haystacks
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

hi Rich - thanks for the follow up.

Yes, I have spoken again to your team. They still claim the SIM card reader has "physical damage", which implies that I am responsible for causing it.

 

This is a phone that is barely a month old and was already repaired under warranty by Virgin after just two weeks.  I can find no visual indication of any damage to the phone inside or out, and it was never dropped or abused.  We cannot be certain, but the original malfunction may have occurred immediately an enforced firmware upgrade.  We do know the batter severely overheated at that time.  Maybe this damaged the SIM reader, but clearly it cannot be my responsibility.

The phone was returned by courier today with a letter similarly saying that repairs are not covered by warranty.

Therefore we enter litigation. Virgin cannot act as judge and jury to deny contractual & statutory obligations in the sale of goods. To further inflame matters the technical staff were sarcastic and patronising on both occasions that we spoke. They clearly receive little if any customer training.

I shall keep the forum well informed to help anyone else in a similar situation. The final outcome is in no doubt.

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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

Hi Haystacks,

 

Many thanks for keeping me updated.

 

I'm disappointed to hear this issue hasn't been resolved and the technical staff we're not very helpful.

 

I extend my apologies once again for the inconvenience caused. I hope you get the resolution you're looking for on this matter.

 

Be sure to keep me posted.

 

Thanks


Rich
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Haystacks
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

hi Everyone - remember me?  Back last summer, my brand new Samsung S5 malfunctioned and became inoperable after less than a month.  

Virgin duly repaired it under warranty, but when the phone went wrong again with exactly the same fault a few days later, Virgin suddenly denied any further liability.  

The initial excuse was "physical damage" to the SIM card reader, ie the warranty was invalidated.  Then after some correspondence and a formal dispute request on our side, Virgin's story bizarrely became that the phone had been rooted.  Duh?  

Despite the fact that I could easily prove the phone had never been rooted (Knox warranty void flag 0x0, ie. still valid), after another couple of months of further bland and pointless correspondence, we finally hit the barrier with Virgin still denying responsibility.  All perfectly polite, but a total stonewalling and no willingness by Virgin to take a second look in case they made a mistake (Virgin are not prepared to query their repair contractors under any circumstances).

So we reached official "deadlock", with the final option being external arbitration at CISAS.  I was very happy to do that, being 100% certain of an easy win.  So in preparing our case against Virgin, we took the phone to an authorised Samsung repair centre for a second opinion and report.  However, instead they immediately repaired the phone for free under warranty.  The repair took just 3 days.  After months of denial by Virgin.  And the phone has been working fine ever since.

So now we have to start litigation against Virgin for denial of our statutory rights under the Sale of Goods Act.  Six months of inconvenience, six months of wasted payments to Virgin.  All because of their incompetence and intransigence in dealing with a very, very simple repair.  In short, Virgin dispute resolution procedure is fundamentally broken.

It is possible that an out-of-court settlement will be reached with a compromise agreement, so I may not be able to give details of compensation due to Virgin's requirement for legal confidentiality.  But the moral is - do not be put off by Virgin stonewalling, denials and intransigence.  Their dispute resolution does nothing, except waste months on meaningless letters back and forwards.  Know your rights and keep going.

Good luck out there!

Haystacks.

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jackson1960
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Message 9 of 9
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Re: Legal Dispute - Sale of Goods Act & Consumer Credit Act

Hi Haystacks

You have given me a bit of hope.  I got a Sony xperia from Virgin.  After about 3 weeks the microphone started to go faulty.  I sent it back for repair nearly two weeks later it was returned with a letter saying "Our technicians have found a fault and unfortunately the repair needed isn't covered by your phones warranty." The letter went on to say, " To fix the issue and get your phone back up and running, we can complete a repair but it will be at your cost."  When I rang Virgin they said it would cost £ 93 to repair.  When I rang them they accused me of trying to fix the phone myself, because the warranty void flag was missing. (I do remember this warranty flag falling out when I was putting in my Sim, but I did not know what it was, so I ignored it.  I said 'why would I try and fix phone myself it doesn't make sense.' They did offer to fix it for £73 but I refused.  I have put in a complaint for libel, but don't have much hope. I will be leaving Virgin media, and have been offered a much better deal elsewhere. So the money I save I will get it fixed elsewhere. I feel abused by Virgin and treated as a Liar. So the sooner I get away the better.

Kelvin.

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