Consumer Rights on 'Free' Gift

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CelticStar
CelticStar Posts: 548 Forumite
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I've been asked about this and I just don't know the answer so thought I'd enquire here. Friends of mine took out a contract with BT and received a 'free' iPad as part of the deal. It's now been 19 months and the iPad has developed a hardware fault that needs to be repaired. Have they got any recourse with BT as it is going to cost them quite a lot of money for the iPad to be repaired.

Thanks in advance.
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  • gardner1
    gardner1 Posts: 3,154 Forumite
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    What's the guarantee period on the ipad
  • CelticStar
    CelticStar Posts: 548 Forumite
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    Do you mean a guarantee given by Apple or one given by BT as I'm not sure?
  • powerful_Rogue
    powerful_Rogue Posts: 7,521 Forumite
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    I suppose BT could refund you for the faulty iPad, but that wont help you much.

    Have you got an independent report stating that this in an inherent fault with the iPad? Without that, you have no options.
  • CelticStar
    CelticStar Posts: 548 Forumite
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    It's not my iPad but the person whose it is has a report from Apple saying it has an inherent hardware fault. They claim they can repair it and the owners can recoup the money from BT under consumer rights legislation but I don't think that's right, hence the post. I think Apple just want to be paid for the repair.
  • powerful_Rogue
    powerful_Rogue Posts: 7,521 Forumite
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    CelticStar wrote: »
    It's not my iPad but the person whose it is has a report from Apple saying it has an inherent hardware fault. They claim they can repair it and the owners can recoup the money from BT under consumer rights legislation but I don't think that's right, hence the post. I think Apple just want to be paid for the repair.

    I don't want to doubt what you say, but are you 100% positive that Apple have stated that the fault is an 'inherent' one?

    Seems very odd that Apple would admit to this, judging by the huge amount of faulty Apple products posted about on this board.

    If it is the case, then get in touch with BT.

    They will then have the option to repair, replace or refund. They can choose the most economical option, which obviously would be to refund as the cost would be £0. Not sure what would happen in this scenario - Hopefully someone else with more knowledge will come along. Unholyangel?
  • CelticStar
    CelticStar Posts: 548 Forumite
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    Perhaps I have answered incorrectly, I'm not sure. Apple said there was a hardware fault and that they could repair it. The owners of the iPad would have to pay Apple for the repair and reclaim the amount off BT. That's all the info. I have.
  • powerful_Rogue
    powerful_Rogue Posts: 7,521 Forumite
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    CelticStar wrote: »
    Perhaps I have answered incorrectly, I'm not sure. Apple said there was a hardware fault and that they could repair it. The owners of the iPad would have to pay Apple for the repair and reclaim the amount off BT. That's all the info. I have.

    After 6 months the onus is on the purchaser to show the item is faulty due to an inherent fault. The word 'inherent' is extremely important.

    What is the actual fault and how much have Apple quoted to repair the iPad?

    I would get your friend to contact BT and ask what the situation would be if they gained a report stating the fault was inherent, what would the options be. Try to do this via email so you have proof.

    An independent report would cost roughly £80, which would be refunded if the fault is inherent. However if the fault is not inherent, then they would lose this £80.
  • CelticStar
    CelticStar Posts: 548 Forumite
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    powerful_Rogue wrote: »
    After 6 months the onus is on the purchaser to show the item is faulty due to an inherent fault. The word 'inherent' is extremely important.

    What is the actual fault and how much have Apple quoted to repair the iPad?

    I would get your friend to contact BT and ask what the situation would be if they gained a report stating the fault was inherent, what would the options be. Try to do this via email so you have proof.

    An independent report would cost roughly £80, which would be refunded if the fault is inherent. However if the fault is not inherent, then they would lose this £80.

    I'm not sure exactly about the fault this is the information I was given:

    We got the I pad mini 4 19 months ago in a 2 year phone line contract with bt (we pay for rental and get free phone calls). Bt advised to put iOS 11 on it and it worked for couple of days. Apple diagnosed as a hardware issue as when tried to restore it came up with error 4013. Advised to get diagnostics ran on it at an apple shop so should get repaired under consumer rights. Otherwise apple will charge £296. Yesterday it surprisingly restored back to new I pad. Charged to 100% and now won't charge.

    I think they're just going to have to contact BT again to be honest.
  • powerful_Rogue
    powerful_Rogue Posts: 7,521 Forumite
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    CelticStar wrote: »
    I'm not sure exactly about the fault this is the information I was given:

    We got the I pad mini 4 19 months ago in a 2 year phone line contract with bt (we pay for rental and get free phone calls). Bt advised to put iOS 11 on it and it worked for couple of days. Apple diagnosed as a hardware issue as when tried to restore it came up with error 4013. Advised to get diagnostics ran on it at an apple shop so should get repaired under consumer rights. Otherwise apple will charge £296. Yesterday it surprisingly restored back to new I pad. Charged to 100% and now won't charge.

    I think they're just going to have to contact BT again to be honest.

    This is from the Apple website regarding error 4013 - However if Apple have said it's a hardware fault then it might not be too useful.

    https://support.apple.com/en-gb/HT201444

    Contact BT and see what they advise is the best option.
  • Castle
    Castle Posts: 4,200 Forumite
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    powerful_Rogue wrote: »
    They will then have the option to repair, replace or refund. They can choose the most economical option, which obviously would be to refund as the cost would be £0. Not sure what would happen in this scenario - Hopefully someone else with more knowledge will come along. Unholyangel?

    If they refused to repair or replace, and only provide the £0 refund; then I'd suggest that a "Loss of bargain" claim should be made. (Of course that would be based on 19 month old iPad).
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