Very.com - Faulty iPhone

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SMW83
SMW83 Posts: 15 Forumite
in Consumer rights
HI all,

This is a long an protracted issues so I will keep it as factual as possible.

I purchased a iPhone 7s Plus form Very which developed a fault after only a 3 months use the home button cracked whilst the phone was on charge). As I had the phone for less than 6 months, I contacted Very, advised of the Consumer Act 2015 who agreed to accept the phone back for independent testing.

I have today received the phone back from the testers and have been advise that owing to the fault they are unable to ascertain the cause of the fault. Owing to this and the fact burden of proof lies with Very, does this mean I am entitled to a replacement/repair/refund?

I have struggled greatly to communicate with very with the majority of my emails and such going largely ignored, does anyone have any suggestion as to how to get this matter rectified in as timely manner as possible?

Thanks in advance
«1

Comments

  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
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    SMW83 wrote: »
    I have today received the phone back from the testers and have been advise that owing to the fault they are unable to ascertain the cause of the fault. Owing to this and the fact burden of proof lies with Very, does this mean I am entitled to a replacement/repair/refund?

    I would say yes.
    As the retailer hasn't been able to prove that the fault was caused by you then the CRA states that it is assumed to have been there since manufacture as as such, you are entitled to a remedy (their choice of repair, replacement or refund).
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
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    Whatever the answer is or the legalities it's gonna be a battle to get them to exchange a phone that has a cracked button / screen outside of the first 28 days.

    Have you told them it only just cracked ?
  • gycraig_2
    gycraig_2 Posts: 533 Forumite
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    Request a refund get a no from them then go for a lba
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    gycraig wrote: »
    Request a refund get a no from them then go for a lba
    If the phone was purchased on credit then a Section 75 claim against the credit provided may be quicker and easier than taking action in the courts.
  • SMW83
    SMW83 Posts: 15 Forumite
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    Yes this was purchased with credit. Can you advise what a section 75 is?
  • SMW83
    SMW83 Posts: 15 Forumite
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    SMW83 wrote: »
    Yes this was purchased with credit. Can you advise what a section 75 is?

    This was purchased with credit through Very not a credit card or such.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
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    edited 17 May 2017 at 6:25PM
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    "Section 75" refers to S75 of the 1974 Consumer credit act.
    Basically, this part of the act states that when an item that costs over £100 is purchased by a consumer and that purchase is made on credit, the credit provider has the same responsibilities as the seller of the goods.
    If there is a breach of contract and S75 applies, you have the legal right to pursue the retailer, the credit provider or both.

    This link will give far more info
    http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases


    The purchase through Very would have to be on a specific credit agreement and not just a buy now, pay later deferred payment.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    George_Michael wrote: »
    The purchase through Very would have to be on a specific credit agreement and not just a buy now, pay later deferred payment.

    IIRC Section 75 does apply if you take out a buy now pay later but does not apply to their take 3 payment option (as there is an exemption in section 75 of the CCA for agreements that do not exceed 3 months).
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Very.co.uk_company_representative
    Very.co.uk_company_representative Posts: 143 Organisation Representative
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    Hi SMW83, I am really sorry to hear that you iPhone has become faulty.

    We would like to investigate this further for you, so I can do this can you please visit our Facebook page (https://www.facebook.com/VeryUK), give us a brief explanation of your query and that you have come from MSE.

    Thanks.
    “Official Company Representative
    I am the official company representative of Very.co.uk. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • theonlywayisup
    theonlywayisup Posts: 16,031 Forumite
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    Very.co.uk_company_representative wrote: »
    Hi SMW83, I am really sorry to hear that you iPhone has become faulty.

    We would like to investigate this further for you, so I can do this can you please visit our Facebook page (https://www.facebook.com/VeryUK), give us a brief explanation of your query and that you have come from MSE.

    Thanks.

    Why send them elsewhere? Why not deal with them via a PM here. Poor show.
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