iPhone 3GS - Hot enough to fry an egg!

Judgey

On 19/07/10 I was checking my Facebook on my 3GS that I purchase in July last year. Suddenly the phone turned off, and for the next 40 minutes or so the phone became increasingly hot. So hot that I could not hold it for any length of time. I put it to one side, and monitored for the next hour or so, observing that it was gradually cooling.

I visited the o2 branch where I purchased the phone, explaining the problem. The lady was extremely helpful, sending the phone away to be repaired. I received a receipt that stated there would be no charge for the repair. I left the store pleased, and assured that it would be back to me repaired within 10 working days.

Received a phone call yesterday, advising me that o2 repairs wanted to charge me £133 odd to repair it as the phone was outside of its warranty. I refused, explaining that a phone that costs approximately £450 should not conveniently break down, 2 weeks after its warranty expires. I also explained that the o2 terms and conditions stated that if there was a problem outside of its warranty period to return for repair or replacement, there being no mention of a charge. I was met with the usual platitudes from the o2 staff. Took advice from the local trading standards, who advised me that the phone was covered under the sale and supply of goods act.

Anyways. Into o2 Aintree today, armed with the iphone T&C's. Politely explained the followings points:

1. Unreasonable that a £450 phone packs in 1 year and 2 weeks into a 24 month contract.
2. It is not fit for purpose, i.e. should last at least the 24 months.
3. o2 T&C's state that I can return it for refund or replacement if its faulty outside of its warranty.

Again the usual platitudes were offered. 'Nothing we can do', 'its out of its warranty' etc etc. This was countered with my response: 'The sale and supply of goods act supersede any company warranty and the laws of GB & NI are of a higher relevance to the policies of Apple.' Watching the Asst Manager and other members of staff scan through the T&C's to counter this argument was amusing. They fell back on the usual 'You will have to phone customer service.' Asked for the Regional/Area Manager's contact email. This was refused. As a result I have had to reject the repair quotation to get my iphone back. Phone customer service, same response received.

Any suggestions or advice would be gratefully received!

bingy_burge

Sounds about right :

Good luck

Judgey

Update:

Phone arrived back from Anovo today. Guess what? It was sent via 1st Class post. God forbid if it got lost or stolen in the post. This is something they have to look at.

No water damage. Took the phone to Apple today. They cannot diagnose the problem due to the fact that it will not turn on, or be recognised at the Genius Bar. The very friendly chap offered me a replacement for £136. Kindly declined.

Spoke to the 'Complaints Review Service' today. Apparently due to sickness (probably stress) and the 'holiday period' that they are currently working on complaints from the 31st July, so I 'should' hear something next week. Meh.

Spoke to a team leader/manager at o2. Apparently they live and breathe T&C's. I am allegedly in the wrong according to their T&C's. Can't see where though. I'm will be getting a call back on Sunday. So I will be sat beside my PC armed with enough T&C's and consumer law to make their head spin.

Unfortunately at o2, 12 years of continuous custom stands for nothing. :mad:

Mic2904

Judgey wrote: »

Update:

Phone arrived back from Anovo today. Guess what? It was sent via 1st Class post. God forbid if it got lost or stolen in the post. This is something they have to look at.

No water damage. Took the phone to Apple today. They cannot diagnose the problem due to the fact that it will not turn on, or be recognised at the Genius Bar. The very friendly chap offered me a replacement for £136. Kindly declined.

Spoke to the 'Complaints Review Service' today. Apparently due to sickness (probably stress) and the 'holiday period' that they are currently working on complaints from the 31st July, so I 'should' hear something next week. Meh.

Spoke to a team leader/manager at o2. Apparently they live and breathe T&C's. I am allegedly in the wrong according to their T&C's. Can't see where though. I'm will be getting a call back on Sunday. So I will be sat beside my PC armed with enough T&C's and consumer law to make their head spin.

Unfortunately at o2, 12 years of continuous custom stands for nothing. :mad:

Guess that was a good chance for you to get a new phone, as they would have to proof that you have received the phone.... but obviously I wouldnt recommend doing these kind of things...

kaya

lol, good luck, i had the same rubbish quoted at me by comet earlier this year, i dont know where companies get off in making out that there own company policies override the law, but they do got off on it!, im sure you are aware that apple can charge you as they are the manufacturer, but the sale of goods act is with the retailer and not the manufacturer.

Guys_Dad

You need to have a letter before action (LBA) written and be determined to pursue this through Money Claims Online, as long as you are sure that you have sufficient belief that you are right. And it is reasonable for the phone to remain fault-free as long as the air-time contract. And they have not claimed that you caused the fault either.

You will need some official guideline or text from the relevant ".gov etc" site that says how long a mobile phone should last. Clearly yours was not only faulty but dangerous (burns, fire etc) and that will be an added bonus.

But you will need to be prepared to go to court or MCOL in the death and that will mean shelling out another £30+ which you get back if you win.

My guess is that they won't actually defend it as it would cost them more to do so than to replace the phone.

G14GAV

Thats not a surprise!

ruggedtoast

You just need to take the battery out and... oh right, sorry.

Judgey

Received my callback from o2 45 mins late. After initial skirmishes, the o2 team leader/supervisor who had conversed with a 'law student' colleague stated that:

1, Once you plug your iPhone into iTunes, you are subject to the all powerful Apple, and o2 don't come into it. Thus apparently relinquishing o2 responsibilities (and obviously UK law!!!!).

After I quoted the T&C's again, particularly 2.5 of the Equipment Agreement he said:

2, That once the warranty is up, o2 don't have to do anything, and apparently voids their responsibilities.

Awaiting another call back. We'll see...

chris182

@Judgey

Did you get anywhere with O2 regarding this? I'm currently going through the same process trying to get my iPhone 3G repaired / replaced after it started freezing up instead of going into standby just as my 18 month contract ended.

Their "Complaints Review Service" have just advised to take my complaint to my solicitor, as there is nothing they can do to help. :mad:

Oscar_The_Grouch

chris182 wrote: »

@Judgey

Did you get anywhere with O2 regarding this? I'm currently going through the same process trying to get my iPhone 3G repaired / replaced after it started freezing up instead of going into standby just as my 18 month contract ended.

Their "Complaints Review Service" have just advised to take my complaint to my solicitor, as there is nothing they can do to help. :mad:

If the issue occurred after your contract ended, then I'm sorry to say that O2 are right - the contracted period (for which you could reasonably expect the phone to last) was up and you have no legal leg to stand on.