Chortlepuss

I wonder if anyone has any advice? My daughter is one year into a 2 year Virgin contract and her phone keeps breaking down - spends more time in repair shop than out. She is offered a basic phone while it's been mended but not an equivalent smartphone. She has tried to get out of contact and been refused. I am stuck in the UK so unable to go into shop to give them a bollocking & my hubby is the type that doesn't like to make a fuss. It's driving me bonkers from a distance! Any consumer act stuff she can quote? It doesn't seem fair to me!

eddie007

How quickly did it break? and what is wrong with it?

GarryP

Start by putting it in writing to the carrier (virgin) stating that the phone has broken down multiple times, and that a feature phone in no way allows you to do what you expected when you signed up to the contract. Tell them you consider the phone to be a lemon.

Flat out ask them how they are going to make this right. If you want you can give them alternatives like "replacement new phone", "end contract", etc. Saying you consider this to be a material breach under the terms of the contract can focus there attention, as can threatening them with the ombudsman.

Here is a similar story that may help : http://forums.moneysavingexpert.com/...2675107&page=1

In general 'quiet', 'polite', 'disappointed', but with the obviousness of steel underneath ready to grab their goolies and twist if you don't get satisfaction, tends to get the best results.

MrsFychan

state the phone is not "fit for purpose", Google it for OZ, it will state what you can expect back from the retailer.

we managed in the UK to get a replacement Sky unit even though we had had the box for more than 4 yrs before it broke using fit for purpose consumer right.

Mike at Taree

Do all that, whilst keeping accurate records, then contact the Telecommunications Industry Ombudsman and fill out their form online outlining your case and what has happened so far. They will then issue you a case number.

They will contact Vodafone and go to bat on your behalf. Within a set period Vodafone will have to acknowledge that they have received your complaint via the TIO and will then start to negotiate a mutually beneficial plan, or let the lass out of her contract.

Been there done that, I moved from a good Voda area to a Nil reception area and got out of it within a couple of months. Also scored my Galaxy Note for $200 which was win win.

Edit: Vodafone make that Virgin but same thing applies