Iphone 4s faulty

ryans983

Hi Jenny, would you like to comment on the reply from NFH? I have also checked and it does appear that NFH is correct,

Techhead_2

NFH wrote: »

This is incorrect. The manufacturer's warranty is in addition to, and does not replace, the consumer's statutory rights. Vodafone's liability therefore does not end upon the expiry of the manufacturer's warranty.

Vodafone is not entitled to charge for a repair. Under Section 11N(2)(b) of the Supply of Goods and Services Act 1982, "If the transferee [the OP] requires the transferor [Vodafone] to repair or replace the goods, the transferor [Vodafone] must bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage)".

This obligation is enshrined clearly in law and I am shocked that Vodafone has posted the above response in a public forum.

That's only correct if the OP can show that the Act applies and that the re is a genuine inherent fault. We don't yet have enough to say that your post applies. It may do, it may not.

ryans983

It was Vodafone and Apple that confessed that the problem is a very common problem with the 4S model and that it started to occur after there latest update a quite a few months ago.

NFH

ryans983 wrote: »

It was Vodafone and Apple that confessed that the problem is a very common problem with the 4S model and that it started to occur after there latest update a quite a few months ago.

Then you shouldn't need to obtain an independent report. Try to find some written evidence of this, or at least the name of someone at Vodafone or Apple who confirmed this to you.

NFH

Will the Vodafone company representative please respond again and clarify that Vodafone will honour its statutory obligation to repair or replace the defective iPhone without charge?

albionrovers

Vodafone have gone very quiet over this one - it's not as if they've replied to a deluge of complaints above/below this thread today either?

ryans983

I sent an e-mail to the Vodafone representative as requested above yesterday asking for a response and to respond via the forum but as of yet I have receieved nothing?

gjchester

albionrovers wrote: »

Vodafone have gone very quiet over this one - it's not as if they've replied to a deluge of complaints above/below this thread today either?

Vodafone reps tend to come here every so often and reply to a load of questions at once.

ryans983

I have now spoken with the Directors office ( customer services ) they are sticking to their guns. It's out of Apples warranty and we will not fix it or replace it for free. Not sure what to do as they have said that they will not take this matter any further.

Techhead_2

ryans983 wrote: »

I have now spoken with the Directors office ( customer services ) they are sticking to their guns. It's out of Apples warranty and we will not fix it or replace it for free. Not sure what to do as they have said that they will not take this matter any further.

NFH' s advice is well meaning but not completely correct. In order to exert your rights under either the SOGA or SOG&S then you need to show that there is an inherent fault which had caused the handset to stop functioning. (And also see my earlier post)

In your situation, it looks like Vodafone have rejected your claim and so you will need to produce some sort of proof of your opinion. It's unlikely that anecdotal evidence from the Internet is going to be enough, unless you can find an acknowledgement by Apple, Vodafone or credible third party that this is an inherent issue.

Once you have this; if Vodafone will not accept it; then the next step is a LBA followed possibly by a small claims action.