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iPhone Fault - Out of Warranty.
My wife's Iphone 4s has developed a fault after 13 month in which it no longer switches on. The Warranty was only for 12 months.
Now I know there is nothing we can do about that, but she is stuck on a 24 month contract and there have been 3 options left with us by Apple and O2: Buy a new phone, pay £150 repair bill, or pay £350 to get out of the contract, all of which we cannot afford.
But the way I see things is (and I could be completely off the mark with this) is that O2 retail that supplied the handset have not furfulled their duties under the Sale of Goods Act because the phone has not been lasted a reasonable amount of time.
My reason for this is simple... If a phone contract lasting 24 months is taken out, then the phone supplied with that contract should be in full working order for that period of time.
The responce I got when using this argument with the O2 retail store was that they and Apple would believe that 12 months is a reasonable amount of time as if it was longer, then the Warranty would reflect that, and that by signing the contract my wife was aware that the phone only hand a Warrenty lasting that amount of time.
I disagree and believe that any reasonable person would expect that the phone should be capable of seeing out the lenght of the contract and therefore the phone by developing a termanal fault within the 24 months is not a reasonable lenght of time for the product to last and that the phone should legally be repaired or replaced by the retailer (O2).
Does anyone know if any past issues of this nature that I could be referred to or can anyone give any advice to take this forward without having to pay out?
Thanks
Now I know there is nothing we can do about that, but she is stuck on a 24 month contract and there have been 3 options left with us by Apple and O2: Buy a new phone, pay £150 repair bill, or pay £350 to get out of the contract, all of which we cannot afford.
But the way I see things is (and I could be completely off the mark with this) is that O2 retail that supplied the handset have not furfulled their duties under the Sale of Goods Act because the phone has not been lasted a reasonable amount of time.
My reason for this is simple... If a phone contract lasting 24 months is taken out, then the phone supplied with that contract should be in full working order for that period of time.
The responce I got when using this argument with the O2 retail store was that they and Apple would believe that 12 months is a reasonable amount of time as if it was longer, then the Warranty would reflect that, and that by signing the contract my wife was aware that the phone only hand a Warrenty lasting that amount of time.
I disagree and believe that any reasonable person would expect that the phone should be capable of seeing out the lenght of the contract and therefore the phone by developing a termanal fault within the 24 months is not a reasonable lenght of time for the product to last and that the phone should legally be repaired or replaced by the retailer (O2).
Does anyone know if any past issues of this nature that I could be referred to or can anyone give any advice to take this forward without having to pay out?
Thanks
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Comments
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Use a different handset. They're available for pocket money0
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Yes cheep handsets are available, but will still be paying the £40 contract that includes the price of the iPhone handset which is being paid for throught the bill and web usage etc that will a) not be used on cheep phone and b) needed for her work (email etc).0
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Option No.5 - sue O2, but the onus lies on you to prove that it's not a user-inflicted damage: Consumer Rights. However, if you win, they will pay for everything.I disagree and believe that any reasonable person would expect that the phone should be capable of seeing out the lenght of the contract and therefore the phone by developing a termanal fault within the 24 months is not a reasonable lenght of time for the product to last and that the phone should legally be repaired or replaced by the retailer (O2)
....can anyone give any advice to take this forward without having to pay out?
As a side note, if you cannot afford paying £150 or for the extended warranty then you cannot afford having an iPhone. As simple as that.0 -
Have you tried resetting it. Just Google how to reset an Iphone. We had the same problem last year when my wife's Iphone 3GS would not turn on.
I Googled it and had it working again in an hour. Problem has not returned.
If it really is knackered try booking it in online and taking it into an Apple Store.Iva started Dec 2018.0 -
Is it a joke?
Don't be silly Grumbler, "it won't switch on" isn't the fault, it's what the fault has caused.
Just like "my car won't start" can be caused by numerous faults, "my phone won't switch on" has any number of faults that can cause it.
You aren't new to this section, please don't grandstand with an inane comment.====0 -
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If a car doesn't start it's faulty (ignoring possibly an empty tank). It makes no sense to ask an ordinary driver why it doesn't start. Most people will call to a garage/AA/RAC, but it's obvious in this case that neither O2, nor Apple will find the underlining fault for free.Don't be silly Grumbler, "it won't switch on" isn't the fault, it's what the fault has caused.
Just like "my car won't start" can be caused by numerous faults, "my phone won't switch on" has any number of faults that can cause it.
You aren't new to this section, please don't grandstand with an inane comment.
You seem to keep failing reading the posts. I made it perfectly clear that the onus lied on the OP to prove that the fault was not caused by damage before attempting to sue O2. In fact I suggested this as the only way to enforce the OP's expectation "that the phone should be capable of seeing out the lenght of the contract".Because of your need to be inane, you are jumping the gun, what if the fault is liquid damage caused by the OP putting the phone through a washing machine wash cycle?
You still reckon its a good idea to suggest suing? Without the facts to hand?0 -
But the way I see things is (and I could be completely off the mark with this) is that O2 retail that supplied the handset have not furfulled their duties under the Sale of Goods Act because the phone has not been lasted a reasonable amount of time.
My reason for this is simple... If a phone contract lasting 24 months is taken out, then the phone supplied with that contract should be in full working order for that period of time.
this reminded me of something i read, i had a google and this is not the same article but similar.
http://www.thisismoney.co.uk/money/bills/article-2057937/Your-rights-mobile-phone-breaks-contract.html
is it just the power button? if you have a search you will find it a common fault with the iphone. some woman in america is taking them to court over it http://www.cultofmac.com/227354/woman-sues-apple-for-5-million-because-her-iphone-4s-power-button-doesnt-work/
good luck!would love to win an ipad!
A-Z Challenge - ABCDEFGHIJKLMNOPQRSTUVWXYZ0
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