iPhone broke, still in contract, please help.

amcg100

gjchester wrote: »

Not sure there is, your contract is with the retailer not the supplier, the OP and Apple have no contract in place so no legal comeback.

That does assume as has been stated earlier TM is the retailer not another 3rd party,

I seem to get into this type of discussion quite often, - there are other branches of law besides contract.

Littlemiss27

amcg100 wrote: »

Hi
I have a simple solution to your problem - your phone contract is regulated under the consumer credit act ( because you have bought the phone on credit - why else would they credit check you ? ) - T - mobile are liable and you should get right into them.

Mobile phone contracts are service agreements and as such do not come under the scope of the consumer credit act.

As has been mentioned by previous posters the OP can make a claim against the company they purchased the phone from (under the SOGA), but as six months have passed since date of purchase they would need to provide an independent report stating that the goods were inherently faulty.

amcg100

Littlemiss27 wrote: »

Mobile phone contracts are service agreements and as such do not come under the scope of the consumer credit act.

Not when equipment is supplied - the phone is supplied under a different agreement to the service agreement to which you refer.

Littlemiss27

amcg100 wrote: »

Littlemiss27 wrote: »

Mobile phone contracts are service agreements and as such do not come under the scope of the consumer credit act.

Not when equipment is supplied - the phone is supplied under a different agreement to the service agreement to which you refer.

There is no credit agreement for the mobile phone either, so still nothing to do with the consumer credit act.

gjchester

amcg100 wrote: »

I seem to get into this type of discussion quite often, - there are other branches of law besides contract.

There are but in almost all cases any issue over a warranty or anything being not fit for purpose is with the retailer not the manufacturer.

If the phone had a design fault that was hidden from the retailer they may have a case, and the OP may but given the number of iPhones sold if there was a flaw it would have been evident.

It could be there is a manufacturing flaw, and you may have a case against apple but proving it was there at time of manufacture after 18 months would be difficult.

prowla

My opinion is that the phone should reasonably be expected to last the duration of the contract under which it was supplied.

If a bundled service and phone is 24 months then the phone warranty should be 24 months.

visidigi

prowla wrote: »

My opinion is that the phone should reasonably be expected to last the duration of the contract under which it was supplied.

If a bundled service and phone is 24 months then the phone warranty should be 24 months.

Your opinion doesn't overrule the rights though

Naf

amcg100 wrote: »

Hi
I have a simple solution to your problem - your phone contract is regulated under the consumer credit act ( because you have bought the phone on credit - why else would they credit check you ? ) - T - mobile are liable and you should get right into them.
You are also right in my opinion that under SOGA an item is expected to last a reasonable amount of time ( in this case the duration of the contract)
Under both scenarios, you should pursue T mobile and not Apple, although if you get no joy from T mobile then there are legal avenues you can still go down with Apple if you've got the tenacity.

good luck

Er, no. No. No and no.
Sorry, you're all wrong here.
The phone is not on credit, it is an extra with a service agreement - credit checks are done to asses your reliability and the risk of whether you'll actually keep up payments.
Hence there is no regulation under the consumer credit act.
T-Mobile are not 'liable' for anything. The SOGASA means they would be obliged to provide assistance to the customer if it can be shown to be a manufacturing fault. After 18 months of problem free service, this is unlikely to be able to be shown even if it were the case.
The service agreement and the phone are entirely separate; therefore the 'reasonable time' under SOGA is completely unrelated to the length of contract.
There is little point in 'pursuing' either company; neither have any obligation to provide more assistance than they already have.

prowla wrote: »

My opinion is that the phone should reasonably be expected to last the duration of the contract under which it was supplied.

If a bundled service and phone is 24 months then the phone warranty should be 24 months.

My opinion is also that a phone provided should last the length of the contracted period; and all of mine have, even on two year contracts, even with the iPhone 4.
However, that opinion is not law, and has no bearing on the law which states that within the first 6 months the onus is on the retailer to show the defect to be the customers fault, or otherwise to replace/refund etc. (essentially saying that products should be expected to last at least 6 months in all cases); after 6 months it is down to the customer to show that the defect was down to a manufacturing fault, and not their actions.
If the OP can get a reputable report which proves the fault is inherent from the original manufacturing, then they would be entitled to a free repair/replacement as well as the money back for the price of the report. Otherwise, they have already been given their options by Apple.

prowla

visidigi wrote: »

Your opinion doesn't overrule the rights though

Hence why I clearly stated it as my opinion!:)

prowla

Naf wrote: »

My opinion is also that a phone provided should last the length of the contracted period; and all of mine have, even on two year contracts, even with the iPhone 4.
However, that opinion is not law, and has no bearing on the law which states that within the first 6 months the onus is on the retailer to show the defect to be the customers fault, or otherwise to replace/refund etc. (essentially saying that products should be expected to last at least 6 months in all cases); after 6 months it is down to the customer to show that the defect was down to a manufacturing fault, and not their actions.
If the OP can get a reputable report which proves the fault is inherent from the original manufacturing, then they would be entitled to a free repair/replacement as well as the money back for the price of the report. Otherwise, they have already been given their options by Apple.

(Yes - I'm still using my phone from a contract that expired a cou0ple of years ago and i went SIM-only.)

However, my opinion is that the law should be changed to say that a phone supplied with a contract should be expected to last the duration of that contract.