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iPhone broke, still in contract, please help.

Hello everyone. I need some help please.

I have an iPhone 4 on a 2 year contract with T-Mobile. It is currently about 18 months through its contract.

The phone had developed an irreparable fault.

T-Mobile say they are not obliged to fix it or give a free replacement. They say it is Apple who are liable.

Apple say they are not liable and only offer to repair it for a fee.

I understand that the sale of goods act refers to good having to last as long as is reasonably expected. In this case I expect my phone to last at least the length of the contract.

Can anybody advise me on how to get this issue resolved? My understanding is that T-Mobile are liable, but they just say they are not and refuse to continue any conversation.

If anybody else has been in this situation I would love to hear from you. Thank you in advance, ljh8
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Comments

  • In this case tmobile are providing you with your airtime contract so they have met there bit (The phone is considered a perk).

    It should be apple that carrys out the repair as guarantor of the product
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The handset I understand comes with a 12 month warranty, this can be extended for a fee, the contract has little to do with the handset garauntee, more to do with the airtime. I agree with SOGA, your interpretation of the warranty differs, yes the handset should last but the info given is 'correct' sadly to say, the repair may cost less than a replacement handset though.
  • MarkBargain
    MarkBargain Posts: 1,641 Forumite
    Is 18 months a reasonable life for a £500 phone? Under the SOGA, I would argue it should last longer than this and ask the manufacturer to fix it for free. It might be a hard argument to win though.

    Selling it as 'spare or repair' on Ebay is another option to get a few pounds back, then buy a PAYG phone on T-Mobile or preferably unlocked to use with the remainder of your contract.
  • Naf
    Naf Posts: 3,183 Forumite
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    SOGA isn't what applies, it's the sale of goods and services,,which is a little different (although I don't know the details offhand to be honest). Some of the protections it offers are similar.
    The length of the contract and 'last a reasonable length of time' are entirely separate.
    Apple did not provide the phone to you, the retailer did (be that T-Mobile, Phones 4 U, EE, Carphone Warehouse) so your contract and therefore point of contact is them.
    At 18 months old, it's probably lasted the 'reasonable time' in all fairness so unless you can prove that this is due to a fault that was present in the initial workmanship/materials then you'll just have to get a new handset or look to get an early upgrade.
    Never argue with stupid people, they will drag you down to their level and then beat you with experience.
    - Mark Twain
    Arguing with idiots is like playing chess with a pigeon: no matter how good you are at chess, its just going to knock over the pieces and strut around like its victorious.
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    No liability of Apple's if it's out of the manufacturer's warranty-you have no contract with them. So you would have to bring a claim against T-Mobile under SOGA. Which on an 18m old phone would require you to prove that the fault was pre-existing, and not user-related, by means of an independent engineer's report. So if you lose, you'll pay that cost as well, plus the court fees, which could be more than the repair cost. Up to you if you want to gamble or not.
    No free lunch, and no free laptop ;)
  • Agree with answers about having to get an independent report to prove the fault was inherent.

    I daresay your best bet is to pay the repair fee by Apple if it reasonable. Or buy a new phone.

    DON'T stop paying your T-Mobile bill whatever you do!
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    In this case tmobile are providing you with your airtime contract so they have met there bit (The phone is considered a perk).

    It should be apple that carrys out the repair as guarantor of the product
    Rubbish. T-mobile supplied the phone and have obligations under the SOGA (or SOG&SA).
    M_Lewis wrote:
    ...if it was a free gift as part of a purchase, eg, if you sign up for a mobile contact and get a laptop with it – that's different. Here, you've exactly the same ... rights as if you'd paid for it.
  • chanz4
    chanz4 Posts: 11,029 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    Think you are also thinking the op went through tmobile directly, the post doesnt confirm
    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.
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It says 'contract with T Mobile'. Seems clear enough?
    No free lunch, and no free laptop ;)
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    macman wrote: »
    It says 'contract with T Mobile'. Seems clear enough?

    I just had a quick read of the t mobile t&c , oddly there seems to be no mention of the handset. Just services .
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