iPad 3 (3rd generation) WIFI + 4G

MamaMoo_2

lxworld wrote: »

MamaMoo, that's because Apple chose to discontinue the iPad 3 when the iPad 4 was crept in by Apple in November 2012 (with little fanfare), just 6 months after the iPad 3 was released. The iPad 2 (the older, slower model) meanwhile continued to be sold and s still to this day.The iPad 4 antenna, by strange coincidence, just so happens to work on the same frequency as the only UK 4G LTE network EE. According to Apple's website. That's the model Western Computer should be replacing mine with - its fit for purpose.

Unfortunately though, as you've left it so long that will not happen. Your best hope would be a partial refund, and even that you're not really entitled to after so long.
No company with any sense will swap a 14 month old iPad 3 with a brand new iPad 4.
Had you done something sooner, as in within a month or two of purchase, you may have a better stance.

Also, the iPad 4 wasn't released with "little fanfare", it was just overshadowed by the release of the iPad Mini at the same time. It's also not coicidental that the iPad 4 and iPad mini both work on 4G, y'see, when they were released the UK actually had a 4G network that they could be designed for.

If you're so certain you're right you can send Western Computer a letter before action and then take them to court. They may offer a partial refund or similar just to avoid the hassle of court.
I honestly wouldn't fancy your chances in court though.

Fosterdog

You still don't get it, you bought the iPad before 4g existed in this country, at the time it wasn't even 100% we would be having 4g at all.

They haven't missold you anything or sold you something not fit for purpose it is perfectly fit for the purpose it was intended and that is to work on the 4g technology that was available at the time. It's not apple or western cumputers fault that the uk release of 4g wasn't the same standard that the iPad was designed for. If you had bought it after the 4g rollout you would have a valid argument but you bought it before the technology was available with no fixed date of when it would become available. Would you also be arguing if the uk never rolled out 4g at all?

It still works on 3G so you have a data network and if you ever take it abroad you may get full 4g depending on the country you visit.

lxworld

Fosterdog wrote: »

You still don't get it, you bought the iPad before 4g existed in this country, at the time it wasn't even 100% we would be having 4g at all.

They haven't missold you anything or sold you something not fit for purpose it is perfectly fit for the purpose it was intended and that is to work on the 4g technology that was available at the time. It's not apple or western cumputers fault that the uk release of 4g wasn't the same standard that the iPad was designed for. If you had bought it after the 4g rollout you would have a valid argument but you bought it before the technology was available with no fixed date of when it would become available. Would you also be arguing if the uk never rolled out 4g at all?

It still works on 3G so you have a data network and if you ever take it abroad you may get full 4g depending on the country you visit.

Then they perhaps shouldn't have been selling it in the UK as anything other than a 3G model. To brand it as 4G was very foolish and no wonder attracted a lot of controversy. Selling it as 4G model implied it was future proof.

fozmcfc

If I was the shop, I would say, you've had your final answer, we are not prepared to do anything, so take it in what direction you want.

If you want to go down the court route, then it's a chance you take, you may win, in which case I would expect your name to be all over the net on the BBC website etc, that your case has set a precedent and could lead to a large amount of people being able to be entitled to a partial, full refund.

You may lose, which is highly probable as I would imagine by now something would have been done to see that people like yourselves, get some compensation, in whatever form. But all that has happened where Apple were told no longer to advertise it as 4G.

You seem to want to fight and say hold on this is wrong, but how far are you prepared to go towards getting what you want. Just how much time/effort/energy/money do you spend on a crusade that is highly likely to get you nothing.

The time for you trying to make a point that several people disagree with here, is over. It's time for you to go forth and try to become a consumer and internet sensation or alternatively just accept that you simply aren't going to win the battle.

wealdroam

This was posted elsewhere on this forum earlier today:

Grant me the serenity
to accept the things I cannot change;
courage to change the things I can;
and wisdom to know the difference.

Well worth keeping in mind.

lxworld

Most people are sheep who do what they are told, follow the herd, afraid to rock the boat/upset the establishment.

A guy in the states recently won a small claim after Apple refused to fix his Macbook computer. Look up the case Seattle Rex vs Apple if interested.

Fosterdog

I for one am not a sheep and will always fight for what is right. In this case that is not you.

The case you quoted has no relevance whatsoever as we are in a different country with different laws. Also if you did want to take this to court it would be against the retailer and not against apple, you have no contract at all with apple.

Try finding a case in the uk that has been one by the consumer, also it needs to be a like for like case, you are claiming not fit for purpose/misrepresented sale, the case you mentioned was for the repair of a faulty item and it's not even the same item that you are fighting for.

Timalay

lxworld wrote: »

Then they perhaps shouldn't have been selling it in the UK as anything other than a 3G model. To brand it as 4G was very foolish and no wonder attracted a lot of controversy. Selling it as 4G model implied it was future proof.

Apple made a mistake with the 3rd gen (cellular) ipad in the UK, they admitted it. That's why the changed the 3rd gen ipad cellular's name to cellular.

lxworld

Timalay wrote: »

Apple made a mistake with the 3rd gen (cellular) ipad in the UK, they admitted it.

Do you have a link to this statement? Companies rarely officially admit anything. As Fosterdog states (an re-nterpretation of what I have stated earlier) my contract is with the seller and as they are refusing to do anything court action is the only way.How much would this cost me if i lost? Has anyone tried the money claim website as an alternative

Fosterdog

Going through the moneyclaim website is the court action you would need to take, it's just the online application for small claims court.

The process is explained here http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

Looking here https://www.gov.uk/make-court-claim-for-money/court-fees for the amount you would be claiming for it would be £35 or £60 depending on whether you are claiming for the full amount of a new ipad or taking into account the use you have already had of yours.

If you go for the full amount even if you win the claim they may only award a partial amount to take into account the time you've had it and used it.

As you are the one bringing the claim you will need evidence that they have mis-sold you the iPad, so far you have no actual evidence only that you think they are in the wrong, that wont stand up in court there has to be proof. You can't claim it as a faulty item as a) it's not faulty and b) you'd need an engineers report proving the fault that's not there. Your word against theirs is not good enough, they will look at the balance of probabilities and at the results of any previous cases for the same claim. So far there is no evidence that anyone has won in the UK for the same claim as it would open the floodgates for everyone.

The shop may not bother to defend the claim, this doesn't mean that you are right in what you are claiming it just means that financially it's not worth it to them to waste time and money on legal fees and hearings and it's cheaper to just offer a settlement.

If they do defend and they win they can the counter claim agains't you for their costs in defending the claim, they will have a very good chance of winning this if you have already lost, they will use that as their evidence that you were wasting their and the courts time in bringing the original claim.

Best case scenario you win and get your money for a brand new ipad with 4g. Worst case you lose and have to end up paying their costs.

Bear in mind that there are new models being released at least once a year so even if you get a 4th gen it is already old in terms of technology, also as I said earlier they are already working on 5g and have said that is likely to be released before all of the UK even has 4g so you will still be left with an outdated bit of kit that doesn't work on the faster networks.

If I were you I probably wouldn't bother, not after this length of time. Do you have a smart phone that works on 4g? If so you could cancel whatever 3g contract you have on the iPad and just tether to your 4g phone to get 4g on your existing ipad and save some money.