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Wildeone
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Faulty phone

I have a samsung s4 on 2 yr contract and it developed a fault so was sent in for repair they have said that it's a problem with the main board and it is not covered under warranty it is only 6 months old and a fault with the board is not my fault it's the phones so why can it not be fixed under warranty, 

i should not have to claim on insurance and end up paying £150 excess to repair it, 

 

i am very unhappy I have been with you for years and in total with all the services I have with u  I pay nearly £200 a month to virgin and they can't even fix a phone I feel like canceling my services 

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Wildeone
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Re: Faulty phone

Can someone please give me some advice as to how I can get my phone fixed by virgin or can someone from virgin please offer me some advice 

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Superuser
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Re: Faulty phone


Wildeone wrote:

...they have said that it's a problem with the main board and it is not covered under warranty...


Get that in writing (email is OK) because what they have said is bull.

 

Don't worry about the warranty. They sometimes have their uses, but warranties are a ruse to get you to think that there is only a relatively short time of one year for you to deal with manufacturing faults. This is true of all non-perishable consumer products, not just Virgin mobiles.

 

And before I go any further, a faulty mainboard is a manufacturing fault. (Unless you dropped* the phone in the toilet.)

 

The Sale of Goods act is there to protect the consumer from faulty or mis-sold items. You have up to six years of protection from the effects of manufactured faults. After the first six months of those six years, the responsibility falls on you to prove that it is a manufacturing fault. Before that, any problem is assumed to be a manufacturing fault, and the onus is on the retailer to prove that it is not.

 

You do not have any contract with the manufacturer. Even if Virgin say Samsung will not fix the problem, it does not matter. Your contract of sale is with Virgin. They are legally obliged to deal with you, and you should not waive that responsibility. If the only way you will get satisfaction is to deal with the service centre directly, make sure that you mention (in writing or in a recorded phone call) that you will be acting on Virgin's behalf by talking to Samsung or its appointed repair centre.

 

Any warranty is additional to statutory rights, and the fact that they are statutory means that it doesn't matter what Virgin have put in their terms and conditions. If they say a faulty phone cannot be dealt with outside its "manufacturer warranty" then the whole clause in which that statement sits is null and void, because Virgin cannot override consumer rights.

 

I declared above that apart from liquid ingress, a mainboard problem is a manufacturing defect. I'd better defend that stance. A Samsung galaxy S4 is a pretty simple device. Actually, it's not - it's massively complicated, but in terms of physical user interface, it's simple. Your physical interaction is using your finger with the screen and a few buttons. You occasionally take the back off to interact with the battery, SIM and memory card, and you use the headphone and USB ports. That's the sum total of your valid external interaction with the device. If it breaks internally, it's impossible to think of a way that damage could have been done by the user without some form of external evidence. The only way to subject a phone to damage without readily showing it on the outside is liquid damage, which is why the phones have internal moisture indicators. If you break your mainboard by hitting the phone with a hammer, anyone looking at the phone would guess that the phone was damaged by a hammer without even needing to see the mainboard.

 

It should be very easy to find a mobile phone engineer who will produce their own version of the last paragraph should you need to take this matter to County Court.

 

 

* I assume the phone is not insured, because all of the above should be academic if insurance is included in your tariff.

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Forum Team
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Message 4 of 9
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Re: Faulty phone

Hi Wildeone

 

Welcome to the Community Smiley Happy

 

Sorry to hear about the issues you've had with your handset.

 

We would always repair your handset free of charge if it develops a fault during the 24 months of your contract with us.

 

We wouldn't advise you that the fault isn't covered by the manufacturer's warranty unless the handset has been damaged in some way that would void the warranty. This could include, physical damage (caused by dropping/impact), unauthorised repair/attempted repair, or water/liquid damage to the device.

 

If this hasn't been explained to you, please give the team on 789 another call, so we can advise you further on this.

 

Let us know how you get on with it Smiley Happy

 

Many thanks

Mark Y
Forum Team

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Superuser
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Message 5 of 9
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Re: Faulty phone


Mark_Y wrote:
...We wouldn't advise you that the fault isn't covered by the manufacturer's warranty unless the handset has been damaged in some way that would void the warranty. This could include, physical damage (caused by dropping/impact), unauthorised repair/attempted repair, or water/liquid damage to the device...

I've given advice via PM to Wildeone on how to find the moisture indicators in the Galaxy S4. It's not unreasonable to assume that if those indicators are white and there's no physical damage to the exterior of the phone, then a mainboard fault must be covered by warranty (or statutory rights, whichever yields the quickest acceptable result).

 

Virgin assert that a broken mainboard connection for either the USB port or headphone socket amounts to misuse and is not covered. I disagree, so if it happens to me, VM can expect a bit of a scrap.

 

The original post states that it has already been in for repair assessment, and that's how the mainboard problem was diagnosed.

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Wildeone
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Message 6 of 9
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Re: Faulty phone

The phone has no water damage has not been dropped all they said to me was the main board was the problem and it was not covered under warranty so I would need to claim on the insurance well I am not doing that the phone is only 6 months old a fault with the board is not my fault so why should I have to pay £150 excess on the insurance to get it fixed they have had the phone for 12 days now and all I keep getting is the run around yet they are still billing me for the time I have not had the phone my contract is with you not samsung so you should fix my phone or replace it 

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Wildeone
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Message 7 of 9
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Re: Faulty phone

Just spent 2 hours arguing with virgin recon there is a piece broken off on motherboard so we must have tampered with it which is crap as they admitted that the phone was in perfect condition and had not been touch or opened so how could we have tampered with it if we had not opened the inside this is just there way of getting out of providing me with a new phone so it will not be repaired under warranty so either I pay £150 on insurance to fix it or £800 to cancel my contract so I am not happy with all my services I have with them they get £200 a month off me and they can't repair a phone nice how they treat their good customers like this 

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Forum Team (Retired) Rita-B
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Re: Faulty phone

Hi Wildeone.

 

Thank you for getting back to us and i am so sorry for the inconvenience this has caused to you. I will send you a private message so we can follow this up for you.

 

 


Rita B
Help & Support Forum Team

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Haystacks
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Re: Faulty phone

thanks Goft - excellent summary of yours in the original thread, written 20-07-2014 at 00:13.  I am now also in dispute with Virgin Mobile under the Sale of Goods Act.  

 

http://community.virginmedia.com/t5/Mobile/Legal-Dispute-Sale-of-Goods-Act-amp-Consumer-Credit-Act/t...

 

Customers need to know their rights.  Litigation will ultimately cost Virgin multiple times more than if they simply honoured their statutory obligations, not to mention a lot of bad press too.

 

 

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