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  • FIRST POST
    • SMW83
    • By SMW83 17th May 17, 2:36 PM
    • 15Posts
    • 1Thanks
    SMW83
    Very.com - Faulty iPhone
    • #1
    • 17th May 17, 2:36 PM
    Very.com - Faulty iPhone 17th May 17 at 2:36 PM
    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
Page 1
    • shaun from Africa
    • By shaun from Africa 17th May 17, 3:58 PM
    • 9,433 Posts
    • 10,598 Thanks
    shaun from Africa
    • #2
    • 17th May 17, 3:58 PM
    • #2
    • 17th May 17, 3:58 PM
    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?
    Originally posted by SMW83
    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
    • By gycraig 17th May 17, 4:07 PM
    • 370 Posts
    • 262 Thanks
    gycraig
    • #3
    • 17th May 17, 4:07 PM
    • #3
    • 17th May 17, 4:07 PM
    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
    • By gycraig 17th May 17, 4:10 PM
    • 370 Posts
    • 262 Thanks
    gycraig
    • #4
    • 17th May 17, 4:10 PM
    • #4
    • 17th May 17, 4:10 PM
    Request a refund get a no from them then go for a lba
    • George Michael
    • By George Michael 17th May 17, 4:46 PM
    • 2,831 Posts
    • 3,824 Thanks
    George Michael
    • #5
    • 17th May 17, 4:46 PM
    • #5
    • 17th May 17, 4:46 PM
    Request a refund get a no from them then go for a lba
    Originally posted by gycraig
    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
    • By SMW83 17th May 17, 5:27 PM
    • 15 Posts
    • 1 Thanks
    SMW83
    • #6
    • 17th May 17, 5:27 PM
    • #6
    • 17th May 17, 5:27 PM
    Yes this was purchased with credit. Can you advise what a section 75 is?
    • SMW83
    • By SMW83 17th May 17, 5:32 PM
    • 15 Posts
    • 1 Thanks
    SMW83
    • #7
    • 17th May 17, 5:32 PM
    • #7
    • 17th May 17, 5:32 PM
    Yes this was purchased with credit. Can you advise what a section 75 is?
    Originally posted by SMW83
    This was purchased with credit through Very not a credit card or such.
    • George Michael
    • By George Michael 17th May 17, 6:22 PM
    • 2,831 Posts
    • 3,824 Thanks
    George Michael
    • #8
    • 17th May 17, 6:22 PM
    • #8
    • 17th May 17, 6:22 PM
    "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.
    Last edited by George Michael; 17-05-2017 at 6:25 PM.
    • unholyangel
    • By unholyangel 17th May 17, 7:49 PM
    • 11,278 Posts
    • 8,492 Thanks
    unholyangel
    • #9
    • 17th May 17, 7:49 PM
    • #9
    • 17th May 17, 7:49 PM
    The purchase through Very would have to be on a specific credit agreement and not just a buy now, pay later deferred payment.
    Originally posted by George Michael
    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).
    Money doesn't solve poverty.....it creates it.
  • Very.co.uk company representative
    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 (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
    • By theonlywayisup 19th May 17, 2:16 PM
    • 10,876 Posts
    • 7,289 Thanks
    theonlywayisup
    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 (www.facebook.com/VeryUK), give us a brief explanation of your query and that you have come from MSE.

    Thanks.
    Originally posted by Very.co.uk company representative
    Why send them elsewhere? Why not deal with them via a PM here. Poor show.
    • DoaM
    • By DoaM 19th May 17, 3:15 PM
    • 3,164 Posts
    • 3,204 Thanks
    DoaM
    http://forums.moneysavingexpert.com/showpost.php?p=72573425&postcount=15
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • theonlywayisup
    • By theonlywayisup 19th May 17, 4:39 PM
    • 10,876 Posts
    • 7,289 Thanks
    theonlywayisup
    I didn't know they couldn't PM on here.

    However, it still poor customer service to send them somewhere else, why not back to Very? They should at least have an email for these queries which shows they've come from MSE.

    Very = Very Bad CS.
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