@VM Thank you for acknowledging the issue at hand and ‘owning’ the problem by working with your equipment supplier. Please could you provide some clarity on the following:
1) where you state this issue is device specific and not global, I can understand that not every phone make/model is affected. Are you also saying that a phone that fails on one hub5 may be okay on another hub5?
2) If specific phone make/models fail consistently, is there any common specification i.e., do all analogue phones have issue, and all digital phones do not?
3) Do any affected phone make/model have issue on anything other than the hub5?
The above would surely help in resolution, and may also indicate that the device specific’ is indeed the hub5.
If my assumptions are correct, confirmed by responses to the above questions, then it would appear that VirginMedia have directly caused the issue in service and are then wholly responsible for rectification.
As the contract does not specify a particular phone make/model, or indeed a ‘type’ of phone, and that people had no issue before the change, it strengthens the point that VirginMedia are in breach of contract to all affected people.
If you find that, for example, the issue only affects analog phones then you may choose to introduce something in future product description. However, it remains to see how you resolve the current customer service issue where you are quite feasibly due refunds/damages to so many existing customers.
It might be worth you seeking a public statement from your legal department at this stage.