phone dead within 24 month contract. help please.

mttjn

I'm new here and will be grateful for all advice.

My situation:
I bought an iphone 4s 24-month contract with Three mobile. Around 12 months the phone started to crash spontaneously. I didn't think much of it - just rebooted and it seemed fine.

At 15 months the phone completely died. No warning, no apparent reason, just completely stopped working. I took it to the Southampton Apple store. They confirmed there was absolutely no damage (it's been well looked after), but that the phone was dead; they opened it up but couldn't even get power to it.

However, they told me that Apple only provides a 12-month warranty and since the phone is 90 days over that period that my only option is to pay £140 to get a refurbished (not new) iphone 4s that has only a 90-day warranty. This didn't seem fair - an expensive device made to the exacting standards Apple always boasts about shouldn't have collapsed in this way. It seems clear this is a manufacturing fault which is now playing out.

So I went to the Three store and from there called their main offices. They basically told me there is nothing they can do because Apple only gives a 12-month warranty. They also tried to tell me how wonderful they are, but I didn't think so...

My question:
I am paying £36+ per month to Three for a 24-month contract. My phone has broken of its own accord after just 15 months. Aren't Three obliged to provide me with a phone that functions for at least the duration of my contract? Shouldn't they replace this phone for free? The iphone doesn't belong to me yet - presumably if I cancelled my monthly standing order to Three they would demand I return the iphone to them (more likely they would demand I continue payments as per the terms of the contract). So the phone belongs to them, and it's broken... so where is the contract and properly functioning phone I am paying for?

I don't want anything extra here, just what I have paid for and am still paying for: a properly functioning iphone 4s on a 24-month contract.

Can someone help please?
Thank you.

Fire_Fox

There are threads on this if you run an advanced search, here and the Mobile Phone board. Your contract for services is generally a separate issue to the function of the handset, generally with these contracts the phone is a freebie or heavily discounted, you are NOT paying for it by instalments so you are paying for the service only each month, a service that is still being supplied. You contracted to receive a functioning handset for twelve months only, as per the manufacturers warranty.

Have you re-read your contract and terms and conditions? If you cancel the direct debit you will likely end up with debt collectors after you and a black mark on your credit file (mobile phone contracts are credit agreements) so it would be a really silly idea to default.

Presumably you didn't take out the extended warranty? Will Apple send the handset away for repair? If you genuinely believe this is an inherent fault and want to invoke the Sale of Goods Act then you need to prove that by paying for a report from an appropriate professional since you have passed the six month mark.

paddyrg

...and next time, ask how long the handset warranty is when you are renewing your contract, many smartphone manufacturers offer 24 months as standard (HTC, Samsung, etc).

I would never take a contract with a phone guaranteed for less than the contract period as replacing smartphones is an expensive business

mttjn

Thanks for the quick replies, Fire Fox and paddyrg.

I will look into this: "If you genuinely believe this is an inherent fault and want to invoke the Sale of Goods Act then you need to prove that by paying for a report from an appropriate professional since you have passed the six month mark." I am as certain as it is possible to be that it is a manufacturing fault and the Apple Store effectively confirmed this (no interior/exterior damage, etc.). I don't know how this could be proved though..

However, from the rest of what you've said, I'm not hopeful this is going to work out Seems very unfair..

Thanks for taking the time to write. Grateful.

johny2013

mttjn wrote: »

I am as certain as it is possible to be that it is a manufacturing fault and the Apple Store effectively confirmed this (no interior/exterior damage, etc.).

But for a manufacturing fault surely this would be happening to all the phones. Just 1 phone going wrong sounds more like bad luck rather than assuming it's an actual manufacturing fault.

mattyprice4004

You own the phone, it's given to you as a gift to entice you into taking the contract out.

In addition, cancelling the DD and not paying will just destroy your credit file - I wouldn't do that.

wealdroam

I would suggest that you do not have a 24 month contract.

What you have is an ongoing contract which happens to have a 24 month minimum term.

If you keep this contract going for say five years, would you still expect the supplier to maintain a working phone for that period?

That's a rhetorical question, by the way.

stugib

johny2013 wrote: »

But for a manufacturing fault surely this would be happening to all the phones.

Not at all. You can have 999,999 out of 1M rolling off the production line fault-free, but 1 phone that doesn't get the right amount of solder, or is misaligned when put together, or countless other reasons could mean a fault in one unit.

Kingsd316

Ive never paid for an OOW replacement from apple, if they tell me its going to cost £146.44 (current rate i believe) i walk out and try again, eventually if you are polite and courteous they will replace it for free.

Fire_Fox

mttjn wrote: »

Thanks for the quick replies, Fire Fox and paddyrg.

I will look into this: "If you genuinely believe this is an inherent fault and want to invoke the Sale of Goods Act then you need to prove that by paying for a report from an appropriate professional since you have passed the six month mark." I am as certain as it is possible to be that it is a manufacturing fault and the Apple Store effectively confirmed this (no interior/exterior damage, etc.). I don't know how this could be proved though..

However, from the rest of what you've said, I'm not hopeful this is going to work out Seems very unfair..

Thanks for taking the time to write. Grateful.

As I said "by paying for a report from an appropriate professional". Apple Store have not confirmed that at all, it could simply be normal wear and tear or low grade misuse, all you are saying is there is no visible evidence of accidental or deliberate damage. iPhones are fairly well built, they don't smash or crack every time they are knocked or misused.

It's more likely that you have totally misunderstood what you contracted to/ did not read the warranty or terms and conditions when you signed up than anyone is actually being unfair. Even if you have agreed to a contract, read the warranty, terms and conditions BEFORE taking the handset out of the box and you can often return the item and cancel the contract.

Appreciate most of us are blinded by "oooh shiny!!!" sometimes, but honestly it's better to be caught out by a small contract than learn the hard way on a really costly contract like buying a home or a fancy car on HP. You would not believe how many people agree to pay tens or hundreds of thousands of pounds without doing the most basic of due diligence. Read the small print, research, ask questions, seek the guidance of independent professionals/ experts.

mattyprice4004

Kingsd316 wrote: »

Ive never paid for an OOW replacement from apple, if they tell me its going to cost £146.44 (current rate i believe) i walk out and try again, eventually if you are polite and courteous they will replace it for free.

I used to work for a large mobile retailer, and if someone was told they had to pay and kept annoying us like that we'd just have them removed by security.

All you'll do is make a fool of yourself, besides Apple have to do nothing in this case.