Help with mobile phone contract/broken phone

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Harry1982

New Member
Mar 28, 2013
2
0
0
Hi

I wonder if anyone can give me some advice please? I signed up to a 24 month mobile phone contract with Virgin Mobile for the Samsung Galaxy S Plus. In October 2012 the phone broke... the home button failed and the phone would just shut down randomly. It was sent in for repair and when it came back the home button was repaired but the phone would still shut itself down. I just put up with that as I didnt want to do without my phone.

This month the home button broke again and I was to send it back in for repair which I did and they sent it back unrepaired because I sent the wrong phone in (which I didn;t) so now the phone is to go back in for repair which means all in all I will have been without my phone for about 21 days.

Do I have any rights to demand a new working phone or can I get out of my contract??

Thanks for your help
 
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Witch consumer

Moderator
Sep 8, 2008
1,593
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Debtors retreat
A working phone forms part of your contract ie without a working phone the contract is useless, this has been proven in court, I need to do some research to find the case but pretty sure it was with Vodaphone, will try to update tomorrow. You have to give them an opportunity to repair the phone (I figure one more attempt should meet your obligation) but you need a refund for each day you have been without a working phone, as long as you have advised them, you can't claim for the period it was turning off when you jusy 'put up with it'
 
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ALewis

Moderator
Nov 23, 2010
691
4
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South Wales
Hi,
You should certainly have the use of a courtesy phone whilst yours is being replaced as the phone forms part of the contract for service.
If you have not been given a courtesy phone, you are entitled to the 21 days worth of service refunded to yourself. Ie if your contract is £30 p/m , in a 30 day month, you'd be entitled to a £21 refund.

As for a replacement / getting out of contract:

If the repairs are of substandard quality (or simply just doesn't get done right) and if you have no faith in their repair service after a number of attempted repairs (generally 3 attempts), then you can insist on a replacement phone - though do note, you won't necessarily get a brand new phone, you may be provided with a refurbished phone.

You will not typically be able to exit the contract due to frustration regarding repairs unless of course the contract is less than a month old, which I doubt it is from your post.

Sorry it's not what you were probably hoping for.
 
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Harry1982

New Member
Mar 28, 2013
2
0
0
Thank youvery much for the advice, when I found out that my phone had to go for repair I demanded a replacement phone and they were not going to give me one but eventually agreed to send out a £9.99 Nokia handset which is the most basice phone on the market... no camera, no internet etc. So my mobile contract is not being able to be used fully ie I pay for internet usage. Im not even really bothered about the refund to be honest it is just so frustrating dealing with these companies and they dont listen to a word you say. I just want a working handset that does what I pay for each month. Thank you I will just have to let them repair it this time (if they even do)
 
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ALewis

Moderator
Nov 23, 2010
691
4
0
South Wales
Well typically that's what happens. However as you say, you pay for a data allowance, therefore you can get that refunded regardless, it's worth getting the refund just out of principle.
If data costs £10 p/m , you would get £7 for 21 days worth... You wouldn't go throw £7 down the drain now would you? :)
 
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