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EE refuse to replace new Iphone !
Comments
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You've missed the point. It's not only about the reasonable time, but about avoiding significant inconvenience to the consumer. The latter can be caused by being without a mobile phone for more than a day. It is not as simple as putting a SIM in a spare phone, because this will not transfer all the data to the spare phone such as contacts and messaging apps (unless the spare phone is also an iPhone).A week for a repair is not unreasonable in most cases, and as Macman said if the phone is critical then it should have cover in place for loss or damage.
What constitutes a reasonable time for a repair is not unfortunalty not usually defined in law, and loan phones are not guaranteed. Most people have a spare phone at home so all she should need is a sim adapter.0 -
NFH is right. This isn't some ordinary repair (eg an old phone breaking down). This is new phone failing after a month. This means that the phone company supplied a FAULTY product and the consumer has more rights in this situation compared with a regular repair.
In this situation, by law the faulty phone must be replaced or repaired at no cost to the consumer with minimal inconvenience. Being without a phone for a week is very inconvenient, so the phone company has a legal obligation to do something to minimise this inconvenience.
Hence the phone company is legally obliged to supply a temporary replacement phone while the faulty phone is being repaired (or use another solution to minimise the inconvenience eg give the customer a new phone instead of just repairing the old one).0 -
You've missed the point. It's not only about the reasonable time, but about avoiding significant inconvenience to the consumer. The latter can be caused by being without a mobile phone for more than a day. It is not as simple as putting a SIM in a spare phone, because this will not transfer all the data to the spare phone such as contacts and messaging apps (unless the spare phone is also an iPhone).
Theres no argument that the phone is not faulty, and EE have not refused a repair they've just pointed the customer to Apple direct.
3 or 4 days without a phone is not the end of the world nor is it a major inconvenience (although certainly a pain in the bum) for most people, travelling to an Apple store is a hassle, and hence the suggestion of the postal service.
If the loss of the phone is that critical to the OP then they need to take steps (either holding a spare phone or insurance) to ensure a backup unit is available. Thats basic business continuity planning, what would have happened if they lost the phoe or had it stolen? Was this criticality made clear to EE at the inception of the contract as I suspect if it was then the advisor would have suggested a business contract with insurance, but if wasn't mentioned at the time or the OP bought a customer level contract or refused insurance to save money then EE can hardly be responsible for any consequential loss.0 -
When dealing with iPhones, Orange/EE's main concern is typically not causing any inconvenience to themselves, not to their customers.0
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No, the law doesn't mandate that it should not be the end of the world, but it does mandate that there should be no significant inconvenience. Three or four days without a phone, which the consumer uses frequently throughout the day, is a significant inconvenience.3 or 4 days without a phone is not the end of the world nor is it a major inconvenience (although certainly a pain in the bum) for most people0 -
They have to repair the goods within a reasonable time but without causing significant inconvenience to the customer, as required by Section 11N(2) above. Therefore if they cannot repair the goods while the customer waits, they would need to supply a loan phone to avoid causing significant inconvenience to the customer.
Significant inconvenience is a wheelchair user being without their chair, not someone being without a mobile phone!
A mobile isn't essential for daily life, the significant inconvenience doesn't apply for a few days without it.0 -
Would you say the same if one's residential fixed line was down for 3 or 4 days? A court would deem that as significant inconvenience. Given that many people use a mobile phone instead of a fixed line, the same applies here.mattyprice4004 wrote: »Significant inconvenience is a wheelchair user being without their chair, not someone being without a mobile phone!
A mobile isn't essential for daily life, the significant inconvenience doesn't apply for a few days without it.0 -
Interesting replies. Thanks to the posters.
To clarify a few things We bought a sim adapter last night (before EE shop closed) to put her iphone 5 sim into my 3gs for now but it wont detect a network even though it recognises a sim is fitted.
Birmingham is our nearest store and next Monday is soonest they can do.
While i agree not having a phone is not same as losing a wheel chair its still a pain for her potentially losing business. The inconvenience is traveling to Birmingham which writes off most of the day really. We have phone insurance through the house insurance but its theft or damage. It carries i think an £80 excess and when I spoke to them their view was it a problem for apple / orange as its broken down within its warranty period.
and amazingly we tried to arrange the courier but apple online system recognises we have an appointment to take the phone into a shop so we must cancel that before we could use the courier service. Arrghhhhh you couldnt make it up. Currently my wife is back at orange store staging a sit in protest lol0 -
Would you say the same if one's residential fixed line was down for 3 or 4 days? A court would deem that as significant inconvenience. Given that many people use a mobile phone instead of a fixed line, the same applies here.
Take it your landline has never gone down, if not I advice you to check your service agreement. Most if not all take a few days to repair and you do not under law have a right to a temp phone. If you feel this, quote the lawDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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