Virgin Freedom Netbook - Out of warranty

[Rainbow Libert]

I'm fuming, I got for my OH a Virgin Freedom Netbook as a free gift for taking out a dongle contract in September 2009. I didn't give him the Netbook until Xmas though and now it's stopped working. It doesn't even switch on anymore, the power light comes on but that's it, nothing on the screen, no noises or anything - DEAD as a dodo.

After speaking to Tech support this morning I have been told that I can pay £35 postage to send it to them so that they can have a look at it and tell me how much extra it is going to cost to repair it.

When I rang Virgin back to check how long I still had on my dongle contract (I couldn't remember) I was told that it runs till September 2011 so I'm going to be paying £15 a month for something that I don't need now as this was to be used with the netbook. The girl who I spoke to from Virgin actually suggested (Off the record) that I should contact Consumer Direct as goods should be expected to last longer than that and that the warrantee isn't actually worth anything.

After checking Consumer Direct and the Sale of Goods Act 1979 this information actually appears to be true and it is Virgin who should do something about it and not the manufacturer (I actually think the manufacturer should be held accountable as it is them that have made it but to be honest I don't care who repairs or replaces it so long as someone does something)

I spent over 90 minutes on the phone this morning and now am I after advice as to who to approach to take this further. Any help or advice would be greatfully appreciated.

I really am upset by this as I was planning to take the Netbook into hospital with me in 8 days time but this obviously isn't going to happen now.

[billypre]

Re: Virgin Freedom Netbook - Out of warranty

Firstly i am assuming it is out of warranty now ? Was it the standard 12 months ?

Yes, they (virgin) are responsible for ensuring that goods sold are of a sufficient quality to last a reasonable amount of time in working order (as per sale of goods and services act).

And even though it was a "free" gift, you still have the same protection as if you had paid solely for that product independantly.

I would definitely say to stand your ground with virgin and if need be let them know that you will be informing consumer direct and also any other avenue in order to get a replacement/repair. 14 months for a laptop is not what i would call "reasonably expected amount of time". Because it has been over 6 months since purchase the burden lies with YOU to prove that it was faulty when purchased. As it has only lasted 14 months and there has been no physical damage or unfit use of the laptop then it would be fair to assume that this is the case in my opinion. Obviously Virgin will put up a fight but i am pretty sure they will back down and offer to repair or replace it........ they may not agree with you but will do it as a "goodwill gesture". Basically, they know they are wrong as with oh so many goodwill gestures lol

[billypre]

Re: Virgin Freedom Netbook - Out of warranty

If it was me i would be calling Virgin up and when getting through and having no joy i would ask to speak to a supervisor. And if no joy then i'd go to the next level. Eventually someone will give you the repair. Also, what option did you choose when calling ? ALWAYS choose the "are you thinking of leaving us" option as they have the clout to give you what you need to stay with them.

[Never-In-Doubt]

Re: Virgin Freedom Netbook - Out of warranty

Bear in mind the item should be fit for purpose, so long as you've not damaged it then you can send it back to the retailer within the first 12 months. As Billy says - he's kinda hit the nail on the head.

[Rainbow Libert]

Re: Virgin Freedom Netbook - Out of warranty

Virgin complaints department rang me today after me sending an email to them last night quoting the Sale of goods act 1979 and have said that they would waiver the £35 postage charge but I will still have to pay for any replacement parts and labour. (approx £100). I'd also have to pay this up front before they would consider doing the work, great or what especially as they don't yet know what is wrong with it - how can you pay up front.

As the email was also posted today (recorded) to two different departments within Virgin and obviously I have not had chance to have a response from either letter yet - I declined and told them that I would be more than willing to bring the matter to the attention of the National Press, Watchdog and regulatory bodies - here's hoping their mail tomorrow morning will bring a different response from someone at Virgin.

[billypre]

Re: Virgin Freedom Netbook - Out of warranty

Ahhh good. See, they are starting to come round lol.

They are chancing it and trying to get out of doing the repair. These are probably standard strategies set out by the company for items outwith warranty, but as we have said....... regardless of warranty the item still has to comply with the sale of goods act and last for a "reasonably expected" amount of time. I would say for a laptop it would be 3 years at least ! and certainly a lot longer than 14 months.

Stick to your guns and fingers crossed they come round fully and just repair or replace the item for you.

[stevieb]

Re: Virgin Freedom Netbook - Out of warranty

Check the EU laws on electrical goods ................
its a lot longer than 12 months .. and its for repair OR refund.!

Ill dig the link out I have it here somewhere ...... give me 5 its all sort of a mess here :S

[stevieb]

Re: Virgin Freedom Netbook - Out of warranty

First off -->

Under EU law it is 2 years,do not bother with an extended warranty it is a waste of money.Under the sale of goods act UK ,goods must last a reasonable time,the years gaurantee is not written in law.If not satisfied with goods ask for a refund.We are better protected than EU law of 2 years.A small claims court judge can go back 6 years 5 years in scotland.


So to summarise

Sales of Goods Act --> 6 years
Eu consumer law --> 2 years

[Never-In-Doubt]

Re: Virgin Freedom Netbook - Out of warranty

Cheers judge stevieb!! Also depends if ordered online, dsr2000 also offers protection, certainly better guidelines...

I'd just have a whinge then cancel the contract! What a joke!!!

[stevieb]

Re: Virgin Freedom Netbook - Out of warranty

Cheers judge stevieb!! Also depends if ordered online, dsr2000 also offers protection, certainly better guidelines...

I'd just have a whinge then cancel the contract! What a joke!!!

distant selling ..
basically you can send it back within 14 days no questions asked for a refund.
oh and if you are sent goods that you didn't order you don't have to send them back _or_ pay for them

(its been a while since i have had to delve into returns policies)

[Never-In-Doubt]

Re: Virgin Freedom Netbook - Out of warranty

Lol cheers mate! May be worth starting a thread about SoG Act etc.....

[stevieb]

Re: Virgin Freedom Netbook - Out of warranty

Lol cheers mate! May be worth starting a thread about SoG Act etc.....

Can do just means I'll have to brush up on a few things they keep amending it 2000, 2003, 2005 .....
at least they aren't just amending it to make it harder for folks, like they do with banks

[Rainbow Libert]

Re: Virgin Freedom Netbook - Out of warranty

So far I haven't had a reply from either of the two letters that I sent to Virgin, same letter but different departments and both recorded, they should have received them either Friday or Monday, lets see if Tuesday's mail brings a reply.

[Never-In-Doubt]

Re: Virgin Freedom Netbook - Out of warranty

Hiya, any update as yet?

[Rainbow Libert]

Re: Virgin Freedom Netbook - Out of warranty

I'm still in hospital as mo, obviously out of theatre but taken a little bit of a nose dive in the last hour, pity as they had said I might be home tomorrow, that's unlikely now.

I've asked if there has been any post at home but nothing of interest aparently.