T-mobile faulty Iphone4

Butlers1982

Hi all
Hope someone can help...

Bought an iphone4 off T-Mobile 30th July 2010 on a 2 year contract.
Over the last few weeks the "home" button is becoming unresponsive. I went into the apple store and was told it was out of warranty and it would be £135 to replace the phone. The guy explained to me it was a common fault.
I researched the SOGA and wanted to know how long apple would consider "a reasonable amount of time" was in respect of to how long a phone should last. Unfortunately the guy i spoke to couldnt answer and didnt understand,he kept saying its technology,it breaks we cover it for 12 months. At the end of the conversation he said he didnt care about the SOGA!!! The phone breaks its simple!

I then contacted t mobile and received the following reply

I am sorry to hear that you are experiencing problems with your
iPhone 4 ®.
!
On checking your account, I can see that the phone was provided at a
T-Mobile store on 30 July 2010. Each phone comes with a manufacturer?s warranty, with Apple this is 12 months for the device, battery and accessories. As T-Mobile does not offer a warranty, we encourage our customers to ensure that their phones, especially those of high value, are insured.
!
Although, I can understand your frustration at the information provided by Apple, we are unable to help you on this occasion. Can I suggest that you escalate your complaint via Apple?s complaints procedure?

I emailed back saying i wasnt happy with that and got the following reply

I understand you are unhappy with the options you have been given to resolve the faults with your device. I am sorry you feel this way and I can certainly appreciate where you are coming from. However, I would like to clarify some information for you:!

?!!!!!!!!!! Firstly, the contract you have with us is a service agreement and the phone comes as an additional benefit with that. If any fault occurs with the product you are covered by a manufacturer?s warranty.

?!!!!!!!!!! Any product you purchase is also covered by the Sales of Goods Act and states that if a product becomes faulty within 6 months of purchase, it presumed that the fault was inherent at the point of sale. As the 6 month time frame has lapsed it is presumed that the product was not faulty at the time of purchase, therefore it is up to the manufacturer what they can offer to remedy the issue.

As previously, advised T-Mobile cannot help you on this occasion and if you remain unhappy with the outcome, you can seek third party advice. We will be more than happy to respond to any third party questions we may receive on your behalf

Could anyone help me? Is there legally anything i can do? I have a £400 phone that has lasted 13 months and is now faulty.
Could someone advise me if there is anything i can do or is it tough!!

Im a missing something on the SOGA?

Thanks in advance

grumbler

You are not missing anything, but suing T-mobile is probably the only way to enforce the SOGA.

Also, you may want to look into the SOGASA: Orange, defective goods and SOGASA1982

Butlers1982

Also, you may want to look into the SOGASA: Orange, defective goods and SOGASA1982

Wow what a thread that is- not for good reasons! I dont intend to reply to people that way....

gjchester

Book a genius appointment with apple and go in (rather than just going in without one). they often repair things out of warranty for free that way but if they ask for payment there is not a lot you can do as apple only offer a years warranty.

The SOGA defines that goods should last a ressonable time and be of reasonable quality but a timescale is not given, so its a bit of a grey area, you would not expect a £10 phone to last 2 years, whereas a £500 smartphone you would, but as I said it's not written into law in any concrete fashion.

Good Luck.

Butlers1982

The SOGA defines that goods should last a ressonable time and be of reasonable quality but a timescale is not given, so its a bit of a grey area, you would not expect a £10 phone to last 2 years, whereas a £500 smartphone you would, but as I said it's not written into law in any concrete fashion.

Has anyone contested this succesfully with any companies?

grumbler

I think it's better to ask on the Consumer Rights board.
Also you can find some information in Martin's guide:
How to complain
Know your consumer rights and how to use them

(step 5).
You'll have to send them a ‘letter before action’ and will probably need and independent expert report that it was not a user caused damage.

I cannot imagine that any court will agree that it is normal for £500 'technology' to last just 1 year.
Having said that, I feel sorry for T-mobile as Apple's 12 months warranty is a disgrace. 24 months is a norm. It's a mystery why the crowds keep buying the shiny overpriced rubbish that Apple produce.

Butlers1982

. It's a mystery why the crowds keep buying the shiny overpriced rubbish that Apple produce.

Agreed! First and last time!


The phone has never been dropped has no water damage.
Can anyone recommend where an inspection could be done and what cost would be?

Unfortunately for t-mobile ,im not going to let this one go so any help/tips would be greatly appreciated.

Butlers1982

Merge request sent

chanz4

http://selfhelp.carphonewarehouse.com/SelfHelp/request.do?view%28%29=c{a34eb4e0-ce0b-11de-e56d-000000000000}&portal=GOOGLE&promo=PPCSERVICE&ppc=true

Gadgetgeezer

Save your time (and money). I repair iPhones and home button faults are common. I charge £40 - you should be able to find somebody nearby to do same.

Regards

Spencer

Butlers1982

Save your time (and money). I repair iPhones and home button faults are common. I charge £40 - you should be able to find somebody nearby to do same.

Think youve missed the point,i want to know about the Soga.

http://selfhelp.carphonewarehouse.co...RVICE&ppc=true

What am i looking for there?