Virgin Mobile

[coatesch74]

I recently (nearly two months ago), had my phone go faulty and as it was just inside the warrantly phoned up and enquired about a replacement. During the process, I enquired about whether the replacement phone would have a warranty and was told that 'all new phones that we send out have a 12 month warranty'.

To my displeasure, when my replacement phone arrived a few days later, it was a reconditioned item - something to which they had not told me over the phone, and given the statement above could reasonably have assumed that I would be getting a new phone. I emailed them stating that I was not satisfied about the situation but all they did was say 'sorry' and did not offer any rectification of the matter. Subsequently the phone became faulty - turning off for no reason, alarm not going off, or going off when not set etc.

After contacting them a number of times, they are stating that the refurbished phone they sent me has no warranty (something which was not stated to me over the phone, and the paperwork with the phone they sent suggests reconditioned phones have 6 month warranty) and thus there is no offer of a repair/replacement even though as a working phone it is still not what was stated over the phone I would be receiving - the make and model were, however, what I wished for.

Should they be obliged to provide me with what I was told originally I would be receiving? Surely they cannot refuse to replace an item which was not as was described to me, and is not fit for it's purpose (a phone that turns itself off at random times is pretty useless).