Iphone 4 not working and out of warranty - what are my rights?

romedk

I bought my iphone 4 online through 3 in Sept 2010. I was forced to take out a 24 month contract (which is the longest contract period I have ever had).

In the past my phones have always been covered by warranty for the duration of my contract. At no point in time did 3 ever tell me that the phone only had a 12 month Apple warranty and after this time I would either need to pay Apple to extend the warranty or not be covered for any damage or technical problems.

My phone's most basic feature (calls) is not working. People ring me or I ring them and I can hear them but they can't hear me so in reality I have a totally not-functioning phone eventhough other things eg email and internet are fine.

This is not the 1st problem I've had with it. Problems started happening a few weeks after I bought it but most of the problems have either been sorted or are minor things. This is the most major problem I've had as it renders the phone totally useless.

The phone may have dropped once or twice & there is a mark showing that it must have dropped but it is properly protected in a leather hard case which covers it entirely (including the glass front).

3 have tried to fix it for me over the phone but despite following everything they asked, it hasn't fixed the problem.

I have also visited an Apple store where they reformatted the phone back to factory settings & installed new firmware but after restoring my data, the problem still hasn't been rectified.

Apple won't replace my my phone because it's 3 months out of their 12 month warranty (which i knew nothing about). They have offered to exchange it for a new phone if I'll pay them £120 but I don't have the money as I lost my job last year.

I'm thinking of writing a letter to either 3/Apple or both complaining that a £600 phone shouldn't last just a year.

Can anyone please advise me if I have any legal rights eg under the sale of goods act or anything else. Also any comments I should make in my letter to 3 or Apple to make it sound better.

Your replies will be greatly appreciated.

spiro

The length of a mobile phone contract and the warranty on the phone are totally unconnected. The phone contract is solely to provide a service. Suggest you go and buy a £10 SIM free handset from somewhere like Tesco.

The increased length of some contracts is to cover the fact that the mobile phone company supplied you with a handset at a reduced price and they need to recover their money. In some countries you always pay the full price for the handset but the network charges are a lot less. Basically it is the same as a SIM only contract in this country. Then its up to you how often you go out and buy a shiney new phone.

NFH

spiro wrote: »

The length of a mobile phone contract and the warranty on the phone are totally unconnected.

Not true. Given that the price of the goods is dependent on the length of the service contract and the amount paid for the service contract, the two are interdependent and closely related. The phone must be sufficiently durable to last for the contract period of the services for which the network intends it to be used. Therefore if the phone develops a fault before the contract has finished (and in many cases for a long time afterwards), the mobile network is responsible for repairing or replacing the phone under Section 11N of the Supply of Goods and Services Act 1982.

daniel.thomas

NFH wrote: »

Not true. Given that the price of the goods is dependent on the length of the service contract and the amount paid for the service contract, the two are interdependent and closely related. The phone must be sufficiently durable to last for the contract period of the services for which the network intends it to be used. Therefore if the phone develops a fault before the contract has finished (and in many cases for a long time afterwards), the mobile network is responsible for repairing or replacing the phone under Section 11N of the Supply of Goods and Services Act 1982.

NFH is indeed correct. I worked in the mobile phone business for 7 years. That phone is covered by APPLE for 12mth but 24mths with your network provider if you had it on as you say a 2 year deal. take it to your local store they will get it sent away and returned in a working state as long as the fault is not caused by damage that you have inflicted ie dropping/water

grumbler

Just one of recent examples that appealing to the SOGA does work sometimes:

maka wrote: »

i got my (PS3) replaced after 5yrs under the soga with a template letter from a thread on here somewhere.
i dont know yet where he got it from it may have been direct or say through phones 4 you. i think i will dig out the template i used as the soga covers you for 6yrs i think and clearly 2yrs is not fit for purpose. i was never asked to prove anything when i sent my letter and i know a few other people who have jst walked ino the likes of game and hmv with a copy of the soga letter and both have replaced it.

I think it is obvious for everyone that 1 year is not a reasonable expectation for iPhone to last.

romedk

Thanks for taking the time to reply but as you can imagine not exactly what I wanted to hear. A few people have since replied so I'll be taking on board the comments they make and trying to get the faulty phone replaced before having to resort to buying a sim card & losing the iphone features.

romedk

Thanks NFH.

So what you are saying is that 3 and NOT Apple are responsible for rectifying the problem. Is that right?

Is this still the case if I only paid £180 for the phone on a contract basis as opposed to buying it outright for £600?

Lastly what about if they say it's faulty because it was dropped? Are you saying under the SOGA that the item should be durable enough not to break if its in a fully protective case?

romedk

Thanks for your reply Daniel. I did try to go to a 3 store in the beginning when it stopped working. They told me that they couldn't resolve it and I had to speak to 3 technical support which I did and after following the steps that they asked me to, they said there was nothing further they could do and suggested I speak to Apple.

As I mentioned as well in my posting, there is a small mark on the top which indicates that it was probably dropped. Are you saying that because it has been dropped the SOGA no longer applies? Should the iphone not be durable enough to last a few knocks if it is fully protected in a hard leather case as mine is?

gjchester

grumbler wrote: »

Just one of recent examples that appealing to the SOGA does work sometimes:

Maka quoted that their PS3 was repaired after 5 years but as the PS3 has not been out in the UK for 5 years yet there is some degree of memory loss in the statement.

oopsadaisydoddle

Not 100% sure but what if OP took the contract out via Carphone or Phones 4 u? Would it not then be the shop who sold the contract that is liable for the phone rather than 3?

Also I'm not 100% sure if those that are saying that phone purchase and the airtime contract are interlinked. I'm sure they are 2 separate things. And isn't there something in the SOGA that states that if something develops a fault after 6 mths, it is up to the customer to prove that the fault was there at time of manufacture? Or is that something else?

Apologies if I am wrong - just thought I'd read this stuff before on here.

gjchester

daniel.thomas wrote: »

NFH is indeed correct. I worked in the mobile phone business for 7 years. That phone is covered by APPLE for 12mth but 24mths with your network provider if you had it on as you say a 2 year deal. take it to your local store they will get it sent away and returned in a working state as long as the fault is not caused by damage that you have inflicted ie dropping/water

NFH has ofter quoted that but it's never been tested in Law as far as I know.

The contract for the supply of the phone and the supply of the service are seperate legal entities. Three clearly state this in their terms

2.3 This agreement doesnot cover:
(b) the supply of your Phone or Dongle. The manufacturers of Phones or Dongles are not related to us. Any terms relating to Phones or Dongles will be given to you separately.

The manufacturers warranty is 1 year, service after that is chargeable. The network may offer a warranty service as a goodwill gesture but legally your entitled (in this case) to 1 years support unless you extend it with Apple care.

Three can't over ride your rights but the airtime service contract is not related to the supply of goods.