MSE News: Were you mis-sold an iPhone 5? Your options...

Lifeforms

I would like a full refund, and monetary compensation, as well as a brand new phone because I bought the iPhone 4S and I'm still waiting for the 4S network to arrive. Even google isn't telling me when that will be
XXXxx thanks! <3


What a world we live in now... Actually on a serious note, what about Cellular iPads? they're gunna be in the same position too.

antrobus

.You could argue, if this is what happened to you, that under the Supply of Goods and Services Act 1982, the contract was sold without reasonable care and skill.

You could, but you'd be a twonk.

Section 13 of the Supply of Goods and Services Act 1982 does state that "there is an implied term that the supplier will carry out the service with reasonable care and skill". No such requirement applies to the sales process.

If you purchased whatever-iphone-it-is because you were told it was '4G ready' and it turns out that wasn't true, then the basis for any legal claim against the supplier would be one of misrepresentation; i.e a false statement of fact which induces someone to enter into a contract.

(Walks away muttering about the decline in the standards of British journalism.)

System

This seems fairly spurious to me. Unless someone was explicitly told that their phone would be able to use 4G, I can't see where the mis-selling comes in. It's your own fault if you don't do your research before buying something. I can picture this resulting in a long line of opportunistic iPhone 5 owners queuing up for an upgrade or an early end to their contract, even if they knew full well that they wouldn't be able to get 4G (or didn't both to find out in advance).

ZhugeEX

Actually, now that i thought about it MSE does have a point.

I mean i bought my Nokia 3310 in 2001 and it was sold to me as a state of the art phone that supported all latest and future technologies. Well i just put an EE sim inside and didn't pick up 4G! What a lying scumbag that salesman was, i'm going to take that company to court and sue them for all they have.

I KNOW MY RIGHTS!

marks7389

BK_Flamer wrote: »

I have been a vodafone user for a long time in London and bought the iPhone5 directly from Apple with a view to start using the 4G when it became ready. I'm very disappointed if this is now not going to be possible.

But Im not quite sure where I stand as I didn't purchase the device from the network carrier.

any thoughts?

Unless Apple told you the phone would work with Vodafone's 4G network (unlikely) you have no redress. Your options are change the phone (at your own cost), change network or accept that you'll have to stick with 3G.

There's nothing to stop you switching to EE unless you are locked in on a 12 month sim only package with Vodafone.

Three may also be an option when they launch their LTE network.

matttye

marks7389 wrote: »

Unless Apple told you the phone would work with Vodafone's 4G network (unlikely) you have no redress. Your options are change the phone (at your own cost), change network or accept that you'll have to stick with 3G.

There's nothing to stop you switching to EE unless you are locked in on a 12 month sim only package with Vodafone.

Three may also be an option when they launch their LTE network.

Three is using EE's network so should work.

marks7389

matttye wrote: »

Three is using EE's network so should work.

Not quite. They have a joint venture which enables them to share masts, but the provision of services from those masts is still down to the individual operators.

Unlike EE, Three currently offers no LTE services. They are acquiring some of the all important (for the iPhone 5 at least) 1800MHz spectrum which EE was forced to sell as a condition of the Orange/T-Mobile merger. They also have some 800MHz spectrum from the auction earlier in the year.

When they launch, the network will support the iPhone 5 so long as it is not 800MHz only in the first instance. Since an 800MHz signal propagates further, rural coverage is likely to be better on other phones in any case. It is likely that will ultimately be true for EE as well.

poppy10_2

Rusty! wrote: »

It's been known since release that the iP5 would only work on EE and Three's LTE service.

This was very clear from the start, I don't know where these mis-selling claims are coming from.

ZhugeEX

marks7389 wrote: »

Not quite. They have a joint venture which enables them to share masts, but the provision of services from those masts is still down to the individual operators.

Unlike EE, Three currently offers no LTE services. They are acquiring some of the all important (for the iPhone 5 at least) 1800MHz spectrum which EE was forced to sell as a condition of the Orange/T-Mobile merger. They also have some 800MHz spectrum from the auction earlier in the year.

When they launch, the network will support the iPhone 5 so long as it is not 800MHz only in the first instance. Since an 800MHz signal propagates further, rural coverage is likely to be better on other phones in any case. It is likely that will ultimately be true for EE as well.

Three is launching on 1800Mhz first in the same areas as EE due to mast and equipment share agreement.

matttye

marks7389 wrote: »

Not quite. They have a joint venture which enables them to share masts, but the provision of services from those masts is still down to the individual operators.

Unlike EE, Three currently offers no LTE services. They are acquiring some of the all important (for the iPhone 5 at least) 1800MHz spectrum which EE was forced to sell as a condition of the Orange/T-Mobile merger. They also have some 800MHz spectrum from the auction earlier in the year.

When they launch, the network will support the iPhone 5 so long as it is not 800MHz only in the first instance. Since an 800MHz signal propagates further, rural coverage is likely to be better on other phones in any case. It is likely that will ultimately be true for EE as well.

Thanks for the clarification.

Not planning on replacing my iPhone 5 until 4G is pretty much rolled out across the country anyway. It's blazing fast (software wise) and does everything I need it to, so until 4G is available where I live I'm not going to bother upgrading!