Claiming against o2 under Supply of Goods and Services for 19 month old iPhone?

Sam2007

Apologies if this has been covered, if so please direct me to the right place.

I entered into an 18 month contract with o2 which included an iPhone 4, the contract expired December 23rd 2011. Today the iPhone developed a fault with the power button on the top, it's clearly a hardware problem as the feel of the button is gone and it barely works. I've not caused any damage to it. Took it back to Apple who inevitably told me it was out of their 12 month warranty, as I expected.

So I'm going to write to o2 under Supply of Goods and Services s4 - a reasonable person wouldn't think a phone that broke within 19 months as reasonable quality.

Apple have quoted £119 to replace the phone as it's out of warranty, since I'm under a duty to mitigate my losses I'd be happy to accept either £119 from o2 or a replacement phone supplied by themselves (or they're welcome to try fix it).

Has anyone had any experience with having an iPhone (or any phone really) replaced by a network provider once it's out of the manufacturing warranty? A google search for 'iPhone 4 broken power button' brings up a plethora of results so it's (in my opinion) clearly a common problem and therefore I'd argue a fault that was present when I purchased the phone.

Any thoughts? thanks

[Deleted User]

Your out of contract - get an upgrade

gary_d_a

independent repair store will fix it for about £40

then sell it for roughly £200, pay for an upgrade to a 4s and have a nice weekend with the rest

repair contracts with iphones say apple repair or it invalidates warranty as i remember. o2 never touched my 3g, its nearly 4 years old now

shaun_from_Africa

clearly a common problem and therefore I'd argue a fault that was present when I purchased the phone.

This may well be the case but in order to claim for this under the SOGA, the onus is on you to prove that the fault is down to a manufacturing defect.

paddyrg

Btw, if it helps with your future choices, and as phones do have a habit of failing as they are in fact complex computers, HTC offer 2yrs warranty on all their handsets.

mo786uk

the problem is that the alw doesnt cover fair wear and tear and arguably if ou have been putting it on and off multipel times for the past 19 months then you may have knackered it

that said, if you can get evidence to show it is an inherent fault then no harm i nsending a letter off.

visidigi

paddyrg wrote: »

Btw, if it helps with your future choices, and as phones do have a habit of failing as they are in fact complex computers, HTC offer 2yrs warranty on all their handsets.

Yeah, and talking from extensive experience, you'll a) need it and b) regret ever buying an HTC when you have to use the 'warranty'.

Hintza

Sam2007 wrote: »

I entered into an 18 month contract with o2 which included an iPhone 4, the contract expired December 23rd 2011.

Well you are now out of contract so I don't see why O2 will be interested in this. They supplied you with a phone for use whilst you were in contract with them.

You haven't really ever bought the phone you leased it and got to keep it at the end of the contract.

Oliver14

You will need to prove it was an inherent fault so will have to pay for engineers reports etc. If you have money to waste and to much time on your hands go ahead but personally I would either get a new contract or pay the £119 if you still want the phone or simlar

Hintza

Oliver14 wrote: »

You will need to prove it was an inherent fault....

O2 can argue the OP has benefited for longer than the duration of the contract. Therefore even if it does have an inherent fault that is just tough.

stugib

Hintza wrote: »

Well you are now out of contract so I don't see why O2 will be interested in this. They supplied you with a phone for use whilst you were in contract with them.

You haven't really ever bought the phone you leased it and got to keep it at the end of the contract.

Disagree, they can't have it both ways, claiming (as they often do) the phone is separate from the contract therefore they don't guarantee it will last the length of the contract, as well as then claiming it's not their responsibility after the minimum term of the contract.

SoGA applies separately to the phone IMHO.