iPhone Fault - Out of Warranty.

d123

grumbler wrote: »

but it's obvious in this case that neither O2, nor Apple will find the underlining fault for free.

Not really, if he takes it to an Apple store, and they say "sorry, it's water damaged", he can say so.

If the wrong charger has been plugged in, if the phone has been dropped, had a drink spilt on it, dropped into the toilet or bath, stood on, driven over, put in a microwave or thrown across a room (all scenarios I have seen), the OP would be aware of them and could say so.

Rather than "it won't turn on", getting as much detail as possible makes it easier to give good advice.

grumbler

Why would Apple waste their time on looking if it's out of warranty?
They routinely charge £150ish for replacing faulty out-of-warranty phones.

If you mean checking the water damage indicators, then there is not point in going to Apple for this.

Deru

My advice would be to take it to an Apple Store. Book an appointment.

£150 for replacing a handset worth £500 is still pretty good. My friend had an out of warranty handset he bought 2nd hand. The wireless on it had died. He got a replacement for £50.

While I was at the Apple store, a lady next to me brought in her dead iphone. Only after they took it round back to check it and discovered that it had been water damaged, did she admit she had dropped it down the toilet.... they still offered her a replacement for £109. If it's in good condition, then it's worth a stab.

ALTERNATIVELY, (as you say £150 is still not affordable), get a cheaper handset as there are a number of Android handsets out there, then sell the faulty iPhone on eBay. Some phone recycling sites also buy faulty phones provided they are in good cosmetic condition but you may get more on eBay, assuming it wasn't water damaged.

It is standard to get 1 year warranty. It's still good that they offer refurbs for cheap to replace out of warranty handsets (I've not seen other brands do this). By the way, Apple Care would have extended the warranty to 3 years if you do get yourself another iPhone. These can be bought for £50-£60. Sometimes less if you bid for it on eBay.

Why would Apple waste their time on looking if it's out of warranty?

So they can flog you a refurb or charge you for a repair. It's still money... Plus they can retain you as a customer rather than have you go buy an Android phone.

KT90

StuVon wrote: »

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.

If you could afford it I would suggest the £150 repair bill.
Beats paying £40/mth if you can't use the phone.

Agree with the previous poster though, check ebay you might be able to pick up a cheap 2nd hand phone with email capabilities.

NFH

O2 has an obligation to repair or replace the phone free of charge under Section 11N of the Supply of Goods and Services Act 1982 . It is immaterial that there is a separate written agreement for the supply of the goods and the supply of the service because:

• O2 supplied the goods with the intention that they be used with the service.
• The goods were supplied at the price paid on condition of entering into the contract for service.
• The goods are funded, either partially or fully, by the monthly charge for service.
• The goods were supplied at the same time that the service started.
• The goods and service were marketed as a package.

If O2 disputes that the fault was not caused by misuse, then you will have to obtain an independent report, the cost of which you can claim from O2 if the report proves that there was no misuse.

Bingolingo

IMO paying the £150 is probably the best option. The phone won't be repaired, you'll get a replacement which is 'as new' and should be covered by a 3 month warranty.

It would be worth checking to see if you have any insurance policies which may cover the phone. A lot of policies include what is called manufacturer breakdown which is, effectively, an extension of the warranty and, in most cases, does not require an excess to be paid.

Rights existing under SOGA would need to be pursued by way of an independent report showing the fault arose through no fault of the owner. Even then, I don't think O2 would have to stump up the full amount for repair due to the length of time the phone has been owned.

NFH

Bingolingo wrote: »

IMO paying the £150 is probably the best option.

Not at all. The OP has statutory rights to a free repair or replacement. Why are you suggesting spending money unnecessarily?

Bingolingo wrote: »

Rights existing under SOGA

The Sale of Goods Act does not apply in this scenario for the reasons stated above.

grumbler

NFH wrote: »

...The Sale of Goods Act does not apply in this scenario for the reasons stated above.

Why? I think it does apply - regardless of the applicability of the SoGSA. And I think that without any doubts iPhone is supposed to last without faults longer than 12 months regardless of the contract length.

NFH

grumbler wrote: »

Why? I think it does apply - regardless of the applicability of the SoGSA. And I think that without any doubts iPhone is supposed to last without faults longer than 12 months regardless of the contract length.

Because the goods were supplied in conjunction with a service, the Sale of Goods Act 1979 does not apply; the Supply of Goods and Services Act 1982 applies instead. Both acts give the consumer the same rights with regard to a repair or replacement, but it is important that the OP quotes the correct legislation to O2. When goods are supplied in conjunction with a service, it adds further weight to the expected durability of the goods, in that the goods should reasonably be expected to last for at least the minimum contract duration of the service.

The OP has a strong case against O2, but will probably find that O2's customer service staff are insufficiently trained with regard to statutory rights and will no doubt tell the OP that the warranty has expired, which is irrelevant, because a warranty is in addition to, and does not replace, the consumer's statutory rights.

Bingolingo

NFH wrote: »

Not at all. The OP has statutory rights to a free repair or replacement. Why are you suggesting spending money unnecessarily?


The Sale of Goods Act does not apply in this scenario for the reasons stated above.

£150. Why? Because of the hassle doing things the other way. IMO, considering the new replacement cost I don't think £150 is too expensive for an as new replacement

SOGA not applicable? Perhaps, but provisions are much the same. Also, if the OP is in Scotland the SOGAS Act doesn't apply.

Free repair or replacement? AFAIK the right to repair or replacement takes into account the usage by the owner and they may have to contribute towards such costs as deemed reasonable. Statutory remedies are not as generous as (in most cases) those offered under warranty.