Damaged Iphone 4 on 3 Network

DanStanDaMan

Hiya,

I would like some advice / opinions on my issue if possible!

In April 2011 I took out a 24 month Iphone 4 contract with 3network.

My phone has been fine until recently when the 'home' button has pretty much stopped working and the speaker / microphone are also being very problematic - I can only make calls if it is on loudspeaker against my ear AND I have to speak directly into the base of the phone.

I went into 3 to seek their advice and they said that I didn't buy the phone from them but from APPLE and they couldn't help me. I did say that I had never been to APPLE and as far as I was concerned they had provided my phone so they were liable to fix it.

Off I went to APPLE who said that as my phone was over 1 year old I would have to pay £120 for a replacement as this is the only way I can get it fixed.

Back I went to 3. I don't think that they have sold me a product capable of lasting the two year contract - I have another 9 months left and can't use the phone! Otherwise it is in perfect condition, never been dropped, dunked in water and scratched! 3 told me that the issue is with APPLE as APPLE will not let them deal with faulty phones.

I am now left with a phone I can't use and 9 months left on the contract (£40+ per month).......any ideas of a way forward?

buscape

Get a quote for a repair from an independent phone shop, it might well be cheaper than the £120 Apple want.

In the meantime you can use assitive touch (Settings> General> Accessibility> AssistiveTouch) so you don't have to use the home button.

https://discussions.apple.com/thread/4048778?start=0&tstart=0

Buzby

Your phone has no correlation to the length of the contract, so it's a pointless question. As the warranty as expired, a local repairer as suggested by buscape will get you up and running again at minimal cost.

NFH

Buzby wrote: »

Your phone has no correlation to the length of the contract, so it's a pointless question. As the warranty as expired, a local repairer as suggested by buscape will get you up and running again at minimal cost.

Not true. Because Three supplied the goods for use with the service, a consumer has a reasonable expectation that the goods will last at least for the duration of the service contract, i.e. 24 months. The OP should request a free repair or refund under Section 11N of the Supply of Goods and Services Act 1982.

ryanr

can you get a new phone from 3UK for a new phone and a contract renewal?

grumbler

ryanr wrote: »

can you get a new phone from 3UK for a new phone and a contract renewal?

What 'renewal' are you talking about if there are 7+ months left of 24 months?

thegoodman

NFH wrote: »

Not true. Because Three supplied the goods for use with the service, a consumer has a reasonable expectation that the goods will last at least for the duration of the service contract, i.e. 24 months. The OP should request a free repair or refund under Section 11N of the Supply of Goods and Services Act 1982.

Not true. Your service contract is for the SIM - and providing this is working (and would provide a connection if placed in a different handset) then it is your responsibility to supply a working replacement. The handset was an 'inducement' to sign up not as a 24 month rental.

If the SIM (Service) only worked with the phone (Goods) provided then you would have the rights.

This is how network and mobile phone companies get away with 12 months warranty.

The PAYG SIM when purchased with the phone is also the same. The phone do not need to last the life of the SIM.

If this was not the case then it would be illegal to sell phones with 12 months warranty.

Earthworm

Your title says it all really, the phone is damaged. The damage has been caused by wear and tear.

Following the route that the handset is not fit for purpose won't get you far as iPhones are lasting people 2 years plus without the problem occuring. I even know people who still use a 3GS. You are liable for costs for repair of this device and the quicker you accept this the quicker you can sort out resolving your issues.

grumbler

Earthworm wrote: »

...Following the route that the handset is not fit for purpose won't get you far as iPhones are lasting people 2 years plus without the problem occuring. I even know people who still use a 3GS. ...

Absolutely flawed argument.
Such faults are statistical and even for flawed design there will always be some proportion of devices not affected by faults. 'Home' button is a well known and widely spread fault of iPhones. When you say that sometimes it lasts for 2 years, you have to support this with some statistical data that only very small proportion of owners is affected by the fault and only judge will decide how small this proportion has to be for not being classed as 'not fit for purpose'.

That said, if the button breaks, say, in a week, the fact that it doesn't break for all other iPhones ever sold is absolutely irrelevant. What if it is a month or a year, not a week? I don't see any fundamental difference between a week and a year. Again, only a judge can decide how long it is supposed to last without breaking.

DanStanDaMan

Wear and tear? - I totally disagree with this, given that I have previously had phones / PDA's last well over 3 years without breaking and I am not a petulent child / youth who recklessly damages property! This is the first time in 20 years I have had a mobile phone that has not gone on to out-last the length of contract I have taken out.


This is the first time this kind of thing has happened to me and I am shocked that companies can give you a phone that is not expected to last the length of the contract. In my eyes that is an absolute con and a point that needs to be cleared up.


I am still politely in contact with both apple and 3 trying to resolve this issue! I still believe, even if it from a customer courtesy point of view then they could (can) replace my phone - either with Apple dropping the price quoted or by 3 repaying me for the outlay needed!

buscape

Have you got a repair quote from a phone shop yet?

The phones out of warranty, so the chances of Three giving you the money to cover the cost of a new phone or Apple dropping their price is very small, so it's likely to be quicker, easier and cheaper to take it to a phone shop and get them to fix it.