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Returned iPhone to seller for repair & still problems.

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  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    K_P83 wrote: »
    Apple isn't an option as she'd then have to pay for the repair, when why should she?
    Thanks for the tip on the paperclip.

    Can nobody reply to this thread & let it drop please. I've done some reading into the answer to this question & think i've found it. I'll make a more specific thread to that pursuit.

    I read cases where Apple have repaired or replaced their goods for free despite no warranty and despite having purchased elsewhere. Apparently they are one of the better companies for customer service, so may be worth making an appointment with the genie bar anyway
  • Nine_Lives
    Nine_Lives Posts: 3,031 Forumite
    Why not just post it here. We really don't need a new thread with every development. It's very difficult to follow and won't help anyone else who may have a similar situation.

    Because at times i have a good memory...
    ...and i remember when i first joined MSE & i got told about one of my threads 'developing' & was told i shouldn't drift off topic & as it'd developed some way i should create a new one.

    Which is what i did.
    arcon5 wrote: »
    I read cases where Apple have repaired or replaced their goods for free despite no warranty and despite having purchased elsewhere. Apparently they are one of the better companies for customer service, so may be worth making an appointment with the genie bar anyway
    Thanks. Still, it shouldn't be for her to go trekking off for a fair journey. Free repair or not, the journey wont be. At £350, "new", and bought on Xmas day, it should still be working as a new phone.
  • Nine_Lives
    Nine_Lives Posts: 3,031 Forumite
    The phone was for my sister.

    This is the seller: http://www.amazon.co.uk/gp/aag/main?ie=UTF8&isAmazonFulfilled=&marketplaceID=A1F83G8C2ARO7P&isCBA=&seller=A2KZGQ351FTSIM. I would say that they're acting in the course of a business.

    Also, from what i can remember, the payment was sent directly to SUNDARI.

    Hope this better helps the advice. I don't want to call AA & ask to action section 75 if i have no right to. Similarly, i don't want to give in & go for the seemingly lesser option of a chargeback if i'm entitled to section 75. Plus having never been in such a situation before doesn't help.
  • steveE2
    steveE2 Posts: 1,324 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I don't think you'll get far with a section 75 against Amazon
    Paying Amazon for goods supplied by a market place vendor is NOT covered by section 75 because it is NOT a 3 cornered transaction. You->CC->Amazon->Vendor is four cornered. For section 75 to apply the transaction must be you->CC->Vendor. i.e. you MUST pay the vendor directly by CC not through an intermediary.
    http://www.amazon.co.uk/forum/deals/ref=cm_cd_pg_pg1?_encoding=UTF8&cdForum=Fx1DEIHNWYF5SA9&cdPage=1&cdSort=oldest&cdThread=Tx2XUCFKZHNVLZS
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    If you paid for the phone but it was sent to your sister then Section 75 won't apply. Who was it delivered to and whose name is on the invoice ? Also as steveE2 says, if Amazon debited your cc then thats another obstacle. There has to be a debtor/creditor relationship.
    You could ask your CC issuer to try a chargeback for faulty goods but the phone would have to go back to the seller before this can be done.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    Sorry to say but really, this will probably turn out to be a costly mistake for your sister. If i were her, i'd stop messing about with this seller and go straight to Apple to get it sorted. Doesn't matter how far it is.
  • Nine_Lives
    Nine_Lives Posts: 3,031 Forumite
    Thanks very much Steve. I'm not too bothered either way (largely because it's not my money at stake - although i would like to help my sister as best i can) ... just so long as i know what i am and am not entitled to. If i'm not entitled to section 75 as you say, then so be it. Fair enough.

    Yes i paid, but it was sent to my sister - her name is on the invoice.

    Regarding the chargeback then .... what are my "chances" here? I don't want to have the phone returned to the seller, tell them we're looking to go via chargeback & then AA say "forget it pal". Then we've no money & the seller has the phone.
    If the chances of succeeding with a chargeback are slim-to-none, then there's little-to-no point in doing it.
  • Nine_Lives
    Nine_Lives Posts: 3,031 Forumite
    Thanks. Unlike her, i'm an open minded person. SO... IF she finally entertains the idea of going to apple, what's the procedure?

    Just turn up at the doors with the rest of the mob that seem to camp outside overnight & then ask them to repair the phone? But once they see full signal they'll be like ... what problem?!

    Still, it's not my decision, so i'll pass it on & let her decide.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    K_P83 wrote: »
    Thanks very much Steve. I'm not too bothered either way (largely because it's not my money at stake - although i would like to help my sister as best i can) ... just so long as i know what i am and am not entitled to. If i'm not entitled to section 75 as you say, then so be it. Fair enough.

    Yes i paid, but it was sent to my sister - her name is on the invoice.

    Regarding the chargeback then .... what are my "chances" here? I don't want to have the phone returned to the seller, tell them we're looking to go via chargeback & then AA say "forget it pal". Then we've no money & the seller has the phone.
    If the chances of succeeding with a chargeback are slim-to-none, then there's little-to-no point in doing it.

    No-one can guarantee the outcome of a chargeback so it's your sisters decision really.
  • K_P83 wrote: »
    Because at times i have a good memory...
    ...and i remember when i first joined MSE & i got told about one of my threads 'developing' & was told i shouldn't drift off topic & as it'd developed some way i should create a new one.

    Which is what i did.

    You were given poor advice :)
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
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