Contract Mobile Phone rights

[hc4361]

I am just a little over 12 months in to a two year mobile phone contract.
The phone was 'free', and the cost is £15 a month.

The phone has now developed a fault. If I had bought it in the usual way, upfront with cash or credit card, I would insist on a repair, exchange or part refund.

I am not sure where I stand at all as the was 'free'. It is not a cheap phone and would cost over £200 to replace like for like.

Any advice much appreciated.

[cosmicangel]

Usually they have a 12 month warranty. Do you have insurance?

[ChuckFickens]

Sale of goods act states goods must be fit for purpose.

A phone on a 2 year contract that doesn't last two years doesn't sound very fit for purpose to me.

[hc4361]

But as the phone was free, does it come under the Sale of Goods Act? The sim card will still work, which is in effect what I am paying for.

I know the price of the phone is factored in to the monthly payment, but the sim card alone would cost the same.

[lesblue]

Get in touch with your mobile phone provider...I had this problem before and they simply relaced the phone.

[hc4361]

I will go tomorrow and see what happens. I'll let you know.

[Eve]

Who is your contract with and do you have insurance with either the mobile provider or contents insurance which would cover your phone (some bank accounts where you pay an extra fee for a premium account can include this too).

I've had free phones on contract and when there has been a fault it has always been replaced although for faults (phone fault rather than human error fault). Insurance kicked in twice when they have been stolen. More recently they have started charging an admin fee for a new phone to be sent out though, even if it's a fault with their phone.

Check the contract.

[hc4361]

Thanks, Jenna. I have the contract with Virgin.
My home contents insurance has a £500 excess, so pointless going through them. In any case it is not accidental damage, so it is not covered.

I'll see what Virgin has to say tomorrow.

[Eve]

Some information here:

On pay monthly it appears:

http://www.virginmobi...ce.footer.sm068#Terms and conditions of service - Pay Monthly Contract

"4.8 Returns: If you have obtained your handset or SIM directly from us, for example, through our website www.virginmobile.co.uk, through a Virgin Media Store or by speaking to our Team then you will be entitled to benefit from any customer satisfaction guarantee and equipment warranty that we provide. Full details of such customer satisfaction guarantee and warranty are detailed in the joining pack you receive with your handset or SIM and are also available from our Team on request. If you have obtained your handset or SIM from another source, for example a high street retailer who may offer services from a variety of networks, any customer satisfaction guarantee and warranty that we provide will not be available to you. You should check directly with the retailer where you obtained your handset or SIM what their policy is should you wish to return the handset or SIM or if either of them develops a fault. If you do return your handset or SIM for any reason then you will be charged for any calls or use of our Services at the rates set out in our Tariff Table".

[hc4361]

Thanks, Jenna.

I will approach them nicely but make it clear I expect good customer service :)

[Emmab191]

90% of phones have 12 month warranty. Phones like iphones have 24month. The network wont help either way youd have to contact manufactor direct

[hc4361]

Emmab, sorry but you are wrong. Even if an item is out of guarantee or warranty, my contract is with the seller, not the manufacturer. That applies to everything you buy.

Anyway, I spoke to Virgin yesterday who told me they are aware of the problem and are fixing it. The problem is not with my phone but they assured me if my phone was faulty and I hadn't damaged it, they would replace the phone.