iPhone Faulty - Apple vs Carphone Warehouse

[Deleted User]

Hi All,

I have had my iPhone 4s for 15 months, bought under contract with 3 from carphone warehouse in the UK.
Apple warranty is 1 year only but under EU-wide Consumer Laws & Sale of Goods Act 1979 this can be extended for 2+ years in the UK.

The iPhone has developed a manufactures fault as the wi fi does not work (switch dimmed out). I had this diagnosed at the apple store.

Apple said they would fix the phone under EU Law & SOGA if I bought it direct from them but as I bought it from carphone warehouse, they stated that after 1 year I must speak to the retailer. Now carphone warehouse (retailer) say they only follow apple's 1 year warranty on iPhones and it would be a chargeable repair (£160). Even though Apple said the warranty would be for at least 2 years for a free replacement had I bought it from them.

Carphone warehouse did mention about proving the fault was there in the first 6 months but of course it has only shown itself now otherwise I would have reported it within 6 months which they have no record of me doing. This may have got me a replacement for free but I was thinking along the lines of: satisfactory quality, fit for purpose & durability. I am 15 months through a 24 month contract with an iPhone that I mainly used for wi fi which does not work (particular purpose).

Any ideas if it is Apple or Carphone Warehouse I should be challenging as they both seem to be pointing fingers at each other?!

Bingolingo

https://forums.moneysavingexpert.com/discussion/4823979

The same problem was discussed in the above thread. Essentially you need to provide the proof of the phone not being of satisfactory quality to CPW (the retailer).

[Deleted User]

Bingolingo wrote: »

The same problem was discussed in the above thread. Essentially you need to provide the proof of the phone not being of satisfactory quality to CPW (the retailer).

Thanks, read through that thread. I have wrote out a letter just need to find the best way to get CPW to read it and pay attention!

No Wi-Fi equals not being of satisfactory quality, not as described and not fit for purpose. For a phone that cost so much and is under a 24 month contract which is partly paying off the cost of the phone you would expect it to last a reasonable length of time, at least through the duration of the 24 month contract.

Question is do I need to prove it was faulty within the first 6 months and if so, how is it possible to do this when the problem has just manifested now. I believe that the fact an Apple technician has diagnosed the phone admitting it is a manufactures fault and offered to fix it outside the initial warranty had I purchased direct from Apple is enough evidence to suggest it is an inherent fault.

grumbler

All you have to prove is that the fault isn't a result of damage or misuse.

NFH

[Deleted User] wrote:

Question is do I need to prove it was faulty within the first 6 months and if so, how is it possible to do this when the problem has just manifested now. I believe that the fact an Apple technician has diagnosed the phone admitting it is a manufactures fault and offered to fix it outside the initial warranty had I purchased direct from Apple is enough evidence to suggest it is an inherent fault.

You wouldn't need to prove that the fault had manifested itself within the first six months, but that the goods were not durable at the time of supply. The fact that a part failed prematurely suggests that the part was not durable at the time of supply (unless caused by misuse etc). Try to get something in writing from Apple stating what they told you above.

[Deleted User]

Just got off the phone after a heated conversation with carphone warehouse who claim 100% that as the fault was not there in the 6 months they cannot and will not do anything, bottom line. I quoted SOGA, not as described, not of satifactory quality, not fit for purpose, reasonable time, the fact apple will fix it if I had bought it from them, they clearly stated that Apple only offer a 1 year warranty and they abide by that. The rude condescending woman Michelle from Carphone's repair department in Preston then told me to go to trading standards and hung up.

grumbler

If you read the other thread you wouldn't waste your time on telephone conversations. Their 'official' line is pretty clear. They will pay only to those who have guts to submit a claim to the SCC.

[Deleted User]

grumbler wrote: »

If you read the other thread you wouldn't waste you time on telephone conversations. Their 'official' line is pretty clear. They will pay only to those who have guts to submit a claim to the SCC.

SCC? I am going to do whatever it takes.

grumbler

>> small claims court

Keep us informed how it goes.

If Apple agree to confirm in writing that the fault isn't a result of damage/misuse, then the easiest way is to get the phone repaired by Apple, then sue CPW for the cost of repair plus all related expenses plus inconvenience (giving your runaround).

[Deleted User]

Thanks. Just got off the phone to trading standards and they have stated that: initial 6 months has no bearing on statutory rights as I cannot report a problem with the phone being faulty if it was not present at that time. Furthermore, I would only have to prove there was a fault in the initial 6 months if I had caused a fault through my own damage (no wear/tear or personal damage). They then confirmed that carphone warehouse are legally obliged to replace or repair or possibly refund the phone if goods are defected even after 15 months.

Next course of action is a recorded letter to the carphone warehouse store I bought the phone from. If there is no response then I should send another letter. If there is again no response then Small Claims Court - the cost will be around £25 for this which I am not worried about as this is a matter of principle. If I was that worried about the cost I would just use my phone insurance! After being treated so poorly by carphone warehouse I feel like taking this all the way and the fact trading standards have confirmed that they are in the wrong makes me even more determined!

It should be worth noting that trading standards put emphasis on Section 11N of the Supply of Goods and Services Act 1982

I will let you know how it goes. Official complaint about Michelle from repairs in Preston also sent.

grumbler

Why on earth "another letter"?
One 'letter before action' is sufficient. Give them, say, a week to repair or replace and inform them that you are starting legal actions otherwise.

£25 gets added automatically to the total amount of your claim, i.e. you get it refunded if you win.