📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Apple vs the Sale of Goods act. Burden of proof

Options
eefee
eefee Posts: 62 Forumite
Hi all,

I have an iPhone 3GS that stopped working after 20 months. It's never been wet or been dropped and has been very well looked after. It started being unreliable after upgrading to ios5 and now won't even switch on. (Error code 1611-Hardware fault)

In order to claim a free repair or replacement under the Sale of Goods act, my understanding is that after 6 months, because of the reverse burden of proof, I need to prove that I didn't damage the phone myself and that the fault is inherent.

I've tried to obtain an independent report, however each time, I get told that only Apple can service Apple products and therefore, an independent report is impossible to obtain.

Doesn't this policy rather neatly leave Apple in a position where they can avoid their responsibilities under the SOGA due to the impossibility of customers obtaining independent proof of an inherent fault?

Surely this makes a mockery of the sale of goods act. I notice that they have already been fined €1.2m in Italy for misleading consumers over their rights in relation to the EU equivalent regulations.-

http://latimesblogs.latimes.com/technology/2011/12/apple-fined-italy-applecare-warranties.html

Any advice would be greatly appreciated. Thanks
Failed to load the poll.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.1K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.6K Spending & Discounts
  • 244.1K Work, Benefits & Business
  • 599.1K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.