T-Mobile Complaint Email response

frustrated123_2

hi all, ive been looking at the site and seen the wonderful advice you give and hope you can help me.

i have a problem with T-Mobile and my iphone4 is working intermittenly. it is over 12 months old and all t-mobile will say is go to apple.

i was under the impression that the sales of good act put the onus on tmob to deal with the issue and not pass me off. i rasied a complaint with them and this is their reply

Thank you for taking the time to reply to Carmen's email. As she is out of the office, I will be responding on her behalf.
I am sorry you feel that we have dismissed your issue. I can appreciate why you would like this information if you have been instructed by your solicitor and Trading Standards.
I can confirm that we do not need to supply you with our understanding of the Sales of Goods Act. We are fully aware of the legislation and our obligations in regards to this act and the EU directive. I can also confirm that we are fully compliant with the above.
I would suggest speaking to your solicitor for any further information. We will not be supplying any further information. We have responded to you with full information and this case has been investigated. You mentioned in your email dated 7 September, that you were to start court proceedings. As above, I would recommend seeking third party advice. We will be happy to correspond with any agent that acts on your behalf.
Thank you once again for taking the time to reply Mr frustrated I am confident that I have explained our position clearly and that no further correspondence is required in regards to this matter.

can anyone give me any help with this?
The first email i sent in sept asked them to help with the phone as my contract of sale was with them and not apple. they just said they "had an agreement" with apple for any queries to go to them.
I explained again this wasnt the case and last week they sent an email saying "we have already told you" so i sent one back last week asking for an explanation on the SOGA & EU directive.

thanks in advance

Kez1983

I can't offer any advice on T-Mobiles responsibility, but I would say try Apple as I've always found them really good at sorting problems out!

visidigi

Apple is one of those where going to the manufacturer is actually better than dealing with the network. In saying that I can only assume that you are looking going through Tmobile as you are aware that the 12 month warranty offered by Apple has expired so they will likely look to charge you.

Just how old is the phone? Apple may offer goodwill towards you if its not too far over 12 months.

I am confused though, you've spoken to your solicitor and trading standards about this and acted on their advice in a letter you have sent and now you have come here for advice? Did you really have a solicitor advising you?

The reply from Tmobile is alot more formal than I would have expected, just which department have you dealt with.

arcon5

Yes, under Sales of Goods Act is with the retailer. However, after 6 months the burden of proof is on the consumer -- so they can insist you proof the fault is inherent by way of an indepependant report.

Even if the warranty is up, i've read many stories about Apple doing good by their end users even after this period at no charge. Always worth a shot.

Elle7

How long was the contract on the phone for?

To be honest, in the time you've been fighting it out with T Mobile, you could have gone to Apple and got it sorted. In this case I believe they are right - the documentation with my phone from T Mobile did state to go to Apple for repairs, and that should costs arise these would be billed to T Mobile. I've never had a problem in doing so - Apple are a fantastic company and will happily replace or repair, so it is much faster then getting T Mobile involved.

It would appear that either your tone or the content of your emails has hugely upset T Mobile, as that is a very formal email - Did you actually have a solicitor?

frustrated123_2

Phone is 15 months old
24 month contract
Originally went to tmob in September
Apple want £185 for it to be fixed and confirm its an inherrent fault,

Yes i contacted a solicitor i know to ask for clarity as my contract of sale is with tmob.

frustrated123_2

Anyone?..........

wealdroam

frustrated123 wrote: »

Anyone?..........

You've had advice from a solicitor.
Did you not like the advice he/she gave?

Why do you think anyone on an anonymous internet forum is going to come up with better advice?

Anyway, yes under the Sale of Goods Act you need to look to the retailer for a remedy.
it is perfectly reasonable for a retailer to have an arrangement with the manufacturer, or some other repair centre, to handle these type of issues.
You could've forced the retailer to handle it all for you, but it would be more straightforward to go direct to Apple.


I don't understand the bit...

frustrated123 wrote: »

Apple want £185 for it to be fixed and confirm its an inherrent fault,

If it is an inherent fault then the retailer must supply a remedy.
That remedy could be a repair, replacement or refund. If a refund is offered it can be a partial refund to take account of the use you have had from the thing.
One remedy might be for the retailer to pay Apple £185 to fix the thing.

Certainly if the thing is inherently faulty you should not be paying for the repair.

But your solicitor will have already told you that.

Elle7

Have Apple given you documentation stating that the fault is inherent?

jonnyd281

OP after 6 months it is up to you to pay for an indepentant engineers report to state that the fault was inherent at time of manufacture. If it was an inherent fault you can then claim this money back.

Just reading the email you've had back you didn't mention a certain non-existant EU directive which gives you 2 years did you?

zax47

frustrated123 wrote: »

I have been to able they havent inspected the phone but the 3 people at the store i have spoken to have explained that it sounds like a dodgy conection which is inherrent " i get 10 of these a day" was an answer from one advisor

An opinion like "sounds like a dodgy connection" is no use to anyone as proof of a fault!

The SOGA is quite clear, after 6 months YOU must pay for an independent engineers report to PROVE (not hearsay or opinion, but PROOF) that there is an inherent fault with the device. If this is indeed the case then you can claim the cost of the report back, along with a suitable resolution to the fault (maybe a repair or replacement, but NOT at your disgression).