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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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i am not great on the computer ! iwould like to just give richard

Resolved Question:

i am not great on the computer ! iwould like to just give richard back his phone and he could give me back my money 50/50 what do u say
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

i signed a 24 month contract with virgin mobile in November 2012, the phone service has never work correct : i finally stop my dd payment last month as i had sent the phone back 3 times and have maded over 60 phone calls with no joy

Customer: replied 3 years ago.

awaiting answer

Expert:  Jo C. replied 3 years ago.
Thanks.

Was this a fault with the device or the network please?
Customer: replied 3 years ago.

device - hearing false

Customer: replied 3 years ago.

virgin has received the phone 3 times , still not fix

Expert:  Jo C. replied 3 years ago.
Thanks.

I'm afraid that you do not have a right to your money back if you have locked yourself into a contract.

You do have a right though to a replacement phone if the attempts to repair it have failed three times. There can be no real debate over that in practice. Clearly its faulty under the Sale of Goods Act.

Its not a good idea to cancel your direct debit though. They will just add a default to your credit rating which is not desirable unless you have no wish to enter into any other credit agreements at all for the next 6 years until it drops off.

You can always complain to the Ombudsman if they refuse.

They may offer a refund in the interests of good business if you complain but if you went to court then they would win on this specific point I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

yes i have canceled my direct debit but am paying them monthly by cheque there is still a fault i have also recieved a new sim and will be talking to the teck department while instaling ihave now paid for 20 mths of CONtrat i have had no new phone and i get closer and closer to the end of CONtract on the 2 aug would u recomend virgin to anyone else!!! william McH

Expert:  Jo C. replied 3 years ago.
They can't put a default on your credit rating then.

However, you are not entitled to a refund and its not really a Virgin issue. Its a contractual issue.
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

CONtractual issue??

Expert:  Jo C. replied 3 years ago.
Yes, one of the contract.

I'm happy to continue with this but please remember to leave feedback for my answer.