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Advice re Faulty Iphone4s

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I have an iphone4s, just a couple of days outside the warranty it developed a fault which meant the mic did not work, which affected calls, siri and voice recorder and voice commands. I could only be heard by the other person on a call if I put the phone on loudspeaker. Upon searching the net it appears that this is a common fault with this model due to a manufacturing fault.

I called phones4u and they arranged for an envelope for me to send it off for repair. Over a week later I had heard nothing and contacted the repair center. I was told that the phone would be replaced but I would have to pay £119. Begrudgingly I did this as I need my phone back. They also told me the replacement phone will not be under warranty.

I was then prompted by friends to contact phones4u quoting the sales of goods act. That an item should be fit for purpose and last a reasonable length of time. I do not think that just over 12 months is a reasonable length of time for an expensive item like an iphone. (for the record I did pay for the phone up front it is not a contract freebie) I told them I am not happy and want them to refund the money paid for repair/replacement.

I had a call from a lady at phones4u who said that the item was out of warranty and that they do charge for repairs outside the warranty, she said Apple give a 12 month warranty on an iphone. I told her that the responsibility lies with the retailer, they have sold me goods that have not in my opinion lasted a reasonable length of time. She said that 6 months was a reasonable length of time I told her it was an expensive supposedly quality item not some cheap toaster. And one would expect it to last a lot longer. Anyway she said that they would offer £40 as a gesture of good will, I asked them to up the offer, she said no. I also said I was not happy with the fact the replacement would not have a warranty and she said if it was faulty within 28 days they would fix it for free. I said I would call them back when I had sought advice.

My question here is do I accept the £40 refund on the s£119 repair bill?
Or do I push more? What should be my next step? 12 months and a couple of days is surely not a reasonable length of time for an item like and iphone is it? Also the fact it seems to be a manufacturing fault should have some bearing.
Thanks in advance.

Comments

  • ajp1309
    ajp1309 Posts: 67 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Have you spoke to Apple direct? As if it is a confirmed manufacturers fault Im sure they will repair it for you.

    I am not sure where you stand with phones4u I am afraid.
  • rummy
    rummy Posts: 537 Forumite
    I would have taken it to Apple to start with.

    However, I agree £119 for a phone that's a few days out of it's one year warranty is ridiculously poor. I would push for more.

    The thing that makes it hard is because you have already paid up front. Had you not paid, it would have been different.

    The sales of goods act does say it should last a reasonable amount of time and it's ludicrous for her to say 6 months is a sufficient amount of time. I'm assuming the phone was more than £250? Which I would hope something of that price would last at least two years minimum! I would also point to her that it is a manufacturing fault as the SoG states since a quick google search brings up that many people suffer from this if they have a 4S.

    I'm not sure how you would get your money back but I'd certainly be real annoyed. See if you can get Apple to admit that it is a manufacturing fault (which will be quite a difficult task) which would really help you to get all your money back.

    It really is a hard one but if you have any more problems with your Apple iPhone, take it to Apple.
  • The problem is you agreed to pay for the repair before they did it.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    how did the mic break
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If it is a known manufacturer's fault and you are sure that it is the case, then:
    • Get in writing from p4u that they refuse to repair it.
    • Get the phone back.
    • Send them a letter before action.
    • If they don't answer or refuse again to repair it for free, have it repaired elsewhere with a report confirming that it was a manufacturer's fault, not a damage.
    • Submit a claim to online small claims court for all costs plus inconvenience.


    P4u will pay you before the court hearing.
  • gjchester
    gjchester Posts: 5,741 Forumite
    grumbler wrote: »
    If it is a known manufacturer's fault and you are sure that it is the case.


    I fully agree with the step you say, however it's NOT a known major fault. No-one knows how many have had mic or sticking home button issues as no-one will complain if they're is no fault.

    Apple sell millions of iPhone and yes some will be faulty, but as seen by the issues with the iPhone 4's antennae they will not consider it to be a manufacturing flaw.

    For all the antennaegate issues and all the outcry about it Apple didn't do a recall or admit it was a fault.

    I's suspect the OP will have a hard time proving it was a manufacturing fault, especially as it was never classed as that by Apple.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 10 January 2013 at 8:44PM
    Firstly, I just quoted the OP: "Upon searching the net it appears that this is a common fault with this model due to a manufacturing fault."

    Secondly, it doesn't have to be a 'major fault', Apple's admission is not needed and nobody cares whether they agree or disagree.If Apple admitted this, there would be no need to go to the court.

    Difficult to prove that a faulty microphone after a year is a manufacturing fault?! I think any judge will agree that it's Apple's fault if there are no any damages, including liquid damage.
  • gjchester
    gjchester Posts: 5,741 Forumite
    grumbler wrote: »
    Firstly, I just quoted the OP: "Upon searching the net it appears that this is a common fault with this model due to a manufacturing fault."

    Sorry I realised that, badly worded on my part.

    However as the majority of fixes I've seen say the cause is often a secondary mic (that's used for noise cancelling) is blocked by pocket fluff then it's likely not to be a manufacturing fault and down to how its used/kept
  • z3phyr04
    z3phyr04 Posts: 185 Forumite
    edited 11 January 2013 at 1:44PM
    Just finished playing this game with Phones4u for a friend. Samsung Galaxy S3 with a faulty screen (glass cracked whilst in use after 4 weeks). Phones4u point blank refused to repair it for free at first stating it obviously must have been dropped (definitely not the case but I can see why somebody would jump to such a conclusion).

    Ended up in a large letter emailed to their contact Email address. 2 days later and suddenly they wanted to cover any costs to repair the device - huge change in attitude (I suspect as they couldn't reasonably demonstrate that the phone wasn't faulty as requested since it had not been mistreated and used in any way outside of the manufacturer's warranty). The only difference in your case is that you are after the 6 months where the onus shifts to you to prove it was caused by a manufacturing fault. If it's documented and evidence is available, you need to show this to demonstrate the fact.
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