iPhone broke, still in contract, please help.

grumbler

Do you want a special law for mobile phones?
Otherwise, such law is already in place - Supply of the Goods and Services Act. The only small problem is that mobile providers blatantly deny that it applies. You have to take legal actions trying to enforce it, and there is no 100% guarantee that you will win.

prowla

grumbler wrote: »

Do you want a special law for mobile phones?
Otherwise, such law is already in place - Supply of the Goods and Services Act. The only small problem is that mobile providers blatantly deny that it applies. You have to take legal actions trying to enforce it, and there is no 100% guarantee that you will win.

Noooooo - no more specific laws.
Just correct application of the existing ones.

Naf

prowla wrote: »

(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.

I agree with you that it should be a reasonable expectation that goods supplied with a contract (and particularly where those goods are central to utilising the contract) will last at least the length of that contract. Unfortunately the law does not currently stipulate this.

grumbler wrote: »

Do you want a special law for mobile phones?
Otherwise, such law is already in place - Supply of the Goods and Services Act. The only small problem is that mobile providers blatantly deny that it applies. You have to take legal actions trying to enforce it, and there is no 100% guarantee that you will win.

If there is no 100% guarantee of a win, then such a law is not in place.
SOGASA doesn't state that goods supplied with, and integral to, a contract should be fit to last out the length of that contract; and in my opinion it should state that explicitly.
I would expect a book to last long enough for me to read it all the way through (obviously I expect it to last substantially longer); I expect my house to last the minimum term of my tenancy (and if not, the law stipulates the landlord still has responsibility to provide somewhere); I expect a train ticket to last the full length of my journey without fading or rubbing off. Things ought to last the same length of time that any associated contract lasts as a minimum. Generally this is the case, and usually the law is very clear. Mobile phones have always had this odd little grey area around them where the phone isn't specified as integral to the contract (because technically the airtime contract still exists without it and is still valid for use with any handset) and therefore is just some added extra.

silvercar

In practical terms, I would go into an Apple store (after making an appointment online at the genius bar) and see what they say. If they can't offer a repair there and then, chances are they will give you a refurb (which may well be new but with old OS) for the repair cost with no postage charge.

j3251

Exact same thing happened to me,had iPhone 4 on a 2 year contract via O2.

Roughly 14 months into the contract iPhone developed a fault,unable to make/receive calls properly,signal issues,freezing up etc

Spoke with O2 guru via online chat requesting that they repair phone as I was in contract with them who advised they would carry out repair FREE of charge!asked them to double check with a manager which was confirmed,was also given a ticket number which related to my query and also given advisors name + manager at this call centre in India.
Sent a copy of this discussion to my email just incase I had to go back on it.

Called O2 (U.K) to get phone booked in with information given by O2 guru..
Advised by O2 (U.K) that the information given by O2 guru was incorrect and that a fee would have to be paid to get repair done?
After cracking with them,explaining I have been told repair would be done for FREE etc they still insisted unfortunately I was given wrong information!

Requested to speak to a manager who was very helpful,gave them ticket number,sent them a copy of discussion,advisors name + managers name (India) who double checked and confirmed it would be done FREE
Requested that they honour it on a good will gesture as in one hand I was told its FREE and on the other hand I'm being told the opposite!

As a one off and due to the circumstances O2 honoured it and I ended up with a iPhone 4S for my iPhone 4!!

I was very LUCKY that this happened in a funny way and worked for me.

As far as I understand it Apple will give you 1 years warranty,if you are over 1 year they won't fix it as they have extended warranty you can purchase etc

T mobile may only cover certain phones through out the contract apart from iPhones?

My friend who has a blackberry on O2 got his phone fixed,he was on a 2 year contract and 18 months into his contract for FREE
Giving me the conclusion it's only certain phones that are covered through out contract?(I may be wrong but check out)

If I was you I would try a chat with a guru for t mobile hope its someone who has not got a clue and do what I did?Surely it must be worth a try?

GOOD LUCK

ljh8

Wow! What an amazing bunch of answers. If I had any idea I would get so many replies so quickly I would have checked back sooner. Thank you so much to everyone who responded.

To clear one thing up, the phone came free with the contract, straight from T-Mobile, and it is on a business contract.

I am totally astounded that it appears we have no rights under SOGA! Some of you commented that in your opinion SOGA should be altered to enforce repairs on phones until the end of their contract eg: If your contract is two years, then the phone should last two years, and if not you get a replacement or repair. I am in agreement with you. I guess the next step is: How do we try to get the law to reflect what we think is reasonable? Whilst it seems from all the replies that I have no legal rights to expect a phone to last the length of a contract, I would like to change that. If any of you would like to talk further about trying to get the law changed I would be interested in hearing from you. I have a real bee in my bonnet about this now. I think it is utterly incredible that an iphone is only expected to last a year!

One point of contention which has not been raised in the thread is that, whilst this particular iPhone is faulty after 18 months, it does not mean that all iPhones will be. I am not suggesting that every iPhone will develop this fault, what I am suggesting that occasionally a dud iPhone comes off the production line, and that this phone is one of them.

As I said, I find it incredible that consumers are not protected in this particular area. I know I can pay to get it repaired, but that is somewhat missing the point.

As for the fault in the phone? You press one app and a different one opens, and typing text just doesn't work sometimes. Its a fault with the touchscreen. The phone has has a case and a top range screen protector on the whole 18 months so I think we have taken reasonable care of it.

Shocking. That's all I can say. So, please, if any of you would like to grind an axe with me and try to get a sensible provision in law for people who spent £40 per month on their mobile phone contracts, please get in touch. Maybe we can make something happen.

On a final point, this contract gives 600 minutes and unlimited internet/texts. Its £40 per month and that gave us the iPhone. The same operator offers cheaper phones with the same 600 minutes etc for as little as £25 per month. If the contract for the provision of service has nothing to do with the iPhone, surely every contract with this amount of minutes etc should cost the same? What am I saying here? I am saying that the cost of the monthly phone bill is intrinsically linked with the iPhone. Is that not an avenue of persuit?

Anyway, thanks for all the advice, and maybe I will hear from some of you again and we can try to get the SOGA amended. If Martin Lewis is reading perhaps you have something to add to this? It seems to me that this is quite a serious issue.

Thanks for now, ljh8

grumbler

ljh8 wrote: »

...I am totally astounded that it appears we have no rights under SOGA!

We do have. Don't rely on brief replies. Read the article instead.

Some of you commented that in your opinion SOGA should be altered to enforce repairs on phones until the end of their contract

Supply of the Goods and Services Act, not Sale of the Goods Act.

d123

ljh8 wrote: »

To clear one thing up, the phone came free with the contract, straight from T-Mobile, and it is on a business contract.

SoGA won't apply then, and I don't think SoGSA does either, does it?

BOBY_Liz

ljh8 wrote: »

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

u may take suggestion from any lawyer or put your complain in compliant forum

tellmah

j3251 wrote: »

Exact same thing happened to me,had iPhone 4 on a 2 year contract via O2.

Roughly 14 months into the contract iPhone developed a fault,unable to make/receive calls properly,signal issues,freezing up etc

Spoke with O2 guru via online chat requesting that they repair phone as I was in contract with them who advised they would carry out repair FREE of charge!asked them to double check with a manager which was confirmed,was also given a ticket number which related to my query and also given advisors name + manager at this call centre in India.
Sent a copy of this discussion to my email just incase I had to go back on it.

Called O2 (U.K) to get phone booked in with information given by O2 guru..
Advised by O2 (U.K) that the information given by O2 guru was incorrect and that a fee would have to be paid to get repair done?
After cracking with them,explaining I have been told repair would be done for FREE etc they still insisted unfortunately I was given wrong information!

Requested to speak to a manager who was very helpful,gave them ticket number,sent them a copy of discussion,advisors name + managers name (India) who double checked and confirmed it would be done FREE
Requested that they honour it on a good will gesture as in one hand I was told its FREE and on the other hand I'm being told the opposite!

As a one off and due to the circumstances O2 honoured it and I ended up with a iPhone 4S for my iPhone 4!!

I was very LUCKY that this happened in a funny way and worked for me.

As far as I understand it Apple will give you 1 years warranty,if you are over 1 year they won't fix it as they have extended warranty you can purchase etc

T mobile may only cover certain phones through out the contract apart from iPhones?

My friend who has a blackberry on O2 got his phone fixed,he was on a 2 year contract and 18 months into his contract for FREE
Giving me the conclusion it's only certain phones that are covered through out contract?(I may be wrong but check out)

If I was you I would try a chat with a guru for t mobile hope its someone who has not got a clue and do what I did?Surely it must be worth a try?

GOOD LUCK

i know its an old thread now, but i am looking at the iphone warranty and it would appear the phone manufacturers differ in their approach, my daughters have a Blackberry which is now ending its 2yr contract. It has been replaced 6 times at no cost to us, thats an e2save phone on orange. everytime i have taken it to a CPW shop and never had a problem with the exchange etc.

I'm not looking forward to getting them the iphone TBH.

O2 do refurbished ones with a 12 month warranty so that would be a cheaper alternative.