Virgin Mobile problems

A question about : Virgin Mobile problems

Hello, I'm wondering if you can help me with a bit of advice, please.

I am currently 17 months into a two year contract with Virgin Mobile and my Samsung S3 has developed a fault (it has white wavy lines flickering over it, loses internet, and hangs. I have changed the battery twice now, but it has not helped.)

My problem is that Virgin are not listening to me, and keep telling me it is the battery (even though I have a letter from the first time it went back, stating they had found the fault and fixed it). I am still in warranty with my phone, and Virgin have had my phone for two weeks now. It came back to me for a day and was sent straight back, as the fault was worse. So, they have had three attempts to fix it, yet, can't find what wrong - and are refusing to look at the videos I have of the fault happening.

What are my options - am I legally allowed to cancel my contract, with no penalties? or am I stuck with a dead phone? like I said, I have two years warranty with the phone, and two years insurance, but I was told by the actual insurance department that I would have to pay an excess if I claimed, and it comes under the warranty as its a fault, not damage.

Please help, I don't know what to do next, and Virgin are refusing to help - I just keep getting the run-around from them.

Best answers:

• I've also just found this on Virgin's site, stating that if they can't find a fault, the phone will be returned? I'm confused
  5. Our full 24-month warranty (12-months for iPhones)
  If your new phone or mobile broadband device goes wrong in that period and it's covered by the warranty, we'll do all the legwork for you to get it fixed. If you do need a replacement phone or mobile broadband device, we may provide you with one that's 'as new'. If your phone or mobile broadband device isn't covered, we'll advise you on what to do. However, if your phone or mobile broadband device was not bought direct from Virgin Media, a different returns policy may apply. Please check direct with the store. Full terms and conditions are set out below.
  Terms and conditions of Virgin Media's 24 month warranty (12-months for iPhones)
  1. If your new phone or new mobile broadband device (each referred to in these terms and conditions as the Device) ceases to function correctly due to defective materials or workmanship within 12 months for an iPhone, or 24 months for other handset manufacturer devices from purchase (excluding the battery and charger, which are covered for 12 months from purchase), we'll repair the Device or if we are unable to repair it we will replace it free of charge with an as new Device which in our opinion is of equivalent specification provided that:
  a. your Device has been used in accordance with the manufacturer's instructions and hasn't been subject to abnormal conditions of storage, use or neglect (damage due to normal wear and tear or malicious or accidental damage are not covered); and
  b. any repairs which have been or are to be undertaken have been arranged by us or the manufacturer's accredited repair centre.
  2. If the Device you purchased was 'as new' the warranty is 6 months for iPhones and 12 months for all other device manufacturers. You must provide reasonable assistance and information to us, including returning your original Device in its original packaging, if requested.
  3. The replacement Device may be reconditioned but will be fully tested and function before despatch.
  4. If no fault is found your Device will be returned to you. All devices will be returned with Virgin Mobile approved software.
  5. Phone faults not covered by manufacturer warranty (including customer damage such as liquid ingress and damaged LCD screen) will be chargeable and we will contact you with a repair quote and options.
  6. This warranty is given by Virgin Media Telecoms Ltd, and is in addition to and doesn't affect your statutory rights.
• If its battery they i very much doubt it wont be covered under warranty as its classed as a consumable item
• (What are my options - am I legally allowed to cancel my contract, with no penalties? )
  No not without VMs agreeing as your network is still valid .
  Under SOGA its the vendors responsibility but as its over 6 months old its up to you to prove its not damage etc .
  But as its a Samsung i would contact Samsung as they give you a limited 24 months warranty .
• I have proof of the fault via videos I took of it happening. Virgin just don't want to see them. Like I said, I am still under warranty with Virgin.
  Do I not have any rights at all? What about the service of goods act and the EU 1999/44/EC? I've looked into them a little.