Sueing T-Mobile

popadom

p.s it might be worth geting some independent person to check the phone out, like a phone tech. If they are independant and they say it shouldnt have broken this soon, youd have more evidence.

custardy

popadom wrote: »

Correct me if im wrong-i might be. If you buy something that comes with something free, or extras, its still covered. Eg you bought a phone and you get a free computer(i think t mobile did this) if it breaks they still have to fix it.?
Email them back about the sales of goods act. I always thought you had 6 years, give them a link (ideally from a goverment website if you can) to the act.

"they still have to fix it"
forever?
read the thread,after 6 months its up to the OP to prove the inherent fault
it is up to 6 years

shaun_from_Africa

As custardy rightly says, the important bit is "up to" 6 years.

If I had a £3000 rolex watch that had been regularly serviced and well looked after and it failed after 4 or 5 years I would be most upset especially if I found out that this particular watch had a known manufacturing problem.
However, if I had a £20 Casio watch that lasted 4 years I would extremely happy with it.

Butlers1982

Email them back about the sales of goods act. I always thought you had 6 years, give them a link (ideally from a goverment website if you can) to the act.

I did, hence their 2nd reply.

Where could i get a report done?

browneyedbazzi

Your local trading standards team will probably have contacts with analysts/engineers who can examine products and provide independent reports (they won't pay to have it done for you in a case like this, but may be able to provide you with contact details)- what area do you live in?

Be aware that a proper report is likely to cost you more than the £140 repair bill!

Butlers1982

what area do you live in?

lancashire

Be aware that a proper report is likely to cost you more than the £140 repair bill!

thats fine,but i will be asking tmobile to refund any costs i have

browneyedbazzi

Butlers1982 wrote: »

lancashire


thats fine,but i will be asking tmobile to refund any costs i have

Ah, not my area and I don't know anyone up there so I'm no help!

It's all well and good assuming that the report will find in your favour, be accepted by the company and they'll just pay up but that may not be the outcome. The report might find against you (and you'll still have to pay for it).

Even if the report is in your favour, the companies involved might fight the claim (which apple particularly are likely to do as they are willing to spend fortunes to protect their brand). If they do fight the claim then £200 for a report is likely to be the tip of the iceberg in terms of legal costs and they could quite easily bankrupt you (I've assumed you don't have billions in the bank since someone with that kind of money is unlikely to worry about £140 to repair a phone).

Butlers1982

unlikely to worry about £140 to repair a phone).

in actual fact the £140 isnt a problem,this is about point of principle and the SOGA.

My complaint wouldnt have anything to do with Apple as i would be dealing with T-Mobile

The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise!

browneyedbazzi

Still...please consider that there are risks to following this course of action and you may end up throwing good money after bad.

If it goes as far as court and the ruling is against you then you'll have all your costs to pay and theirs as well (even t-mobile won't shy away from spending a few £££ on good legal advice).

BoGoF

Butlers1982 wrote: »

in actual fact the £140 isnt a problem,this is about point of principle and the SOGA.

My complaint wouldnt have anything to do with Apple as i would be dealing with T-Mobile

#

You didn't 'buy' the phone though, you were given it free when you took out the contract for airtime......as you have been told