have fun with three

Antony.A

can you tell me what you think
me.
Just wanted other THREE customers to know that (and this comes straight from Apple themselves) if you take a two year contract with them that includes the phone and the phone stops working ( like mine did after just 15 months use) then THREE are responsible for a free repair or replace of the phone. They will deny this but under European law they are responsible. After spending most of the day talking to THREE they tried to offer me a downgraded phone and then decided to stop talking to me when I refused the downgrade. WILL NOT BE LETTING THIS DROP and am taking it all the way as THREE DO NOT HAVE A LEG TO STAND ON. So if anyone else is in the same position don't give up and fight for your rights. I will be posting regulars updates about my fight with THREE......
3
Three UK Hi Antony. Apple's own site disagrees with you on this I'm afraid.
me
I got this direct from Apple and if you Google European law for mobile contracts it does state two years from the point of sale. Maybe you should give them a call yourself. The fight continues... And if this is the case why did three offer me a free phone then???
I suggest you look up the EU directive 199/44/EC which states "a two year guarantee applies to the sale of all consumer goods everywhere in the EU" and crucially does not require the buyer to show the fault is down to their actions.. this has been used successfully in cases exactly the same this. Many junior members of staff are not aware of this but if the complaint is taken to the legal team you will be informed this is true. Maybe you should also have a word with your legal department. I have suggested this in my email to Mr Dyson
3
Hi, could you post through a link where you found that so we can have a look at it? <Ahmed
me
I spoke to Apple on the phone and they told me. Look at EU directive 1999/44/EC. It is quite clearly stated as your legal department know. It's not hard to find online once you know what you are looking for.... Unfortunately your customer care dept are still denying the fact which is why I am bypassing them and taking the legal route. Google the directive yourself. It will also bring up cases where mobile networks have lost cases under this EU law
3
Antony as mentioned already, going by the information we have, our process for warranty repairs and replacements is correct. If you have a link for the information you found, we're happy to have a look. Apart from that, there's nothing else, we can do. Thanks, Pamela
me
APART from nothing else you can do......apart from the Law? so is 3 above the law now??????im on just starting on this.im going to forwould this link to the EU .oh and a few tv channels/news papers im sure they would love to interview the one company above the law.

this is all on 3 uk facebook..ive not finished with them :A

Silk

Antony.A wrote: »

I suggest you look up the EU directive 199/44/EC which states "a two year guarantee applies to the sale of all consumer goods everywhere in the EU"

The problem is that it's a directive not a law or regulation

mije1983

There seems to be a lot of people being misled by Apple recently about this.

Buzby

There is no requirement for a contract phone to have a warranty that matches the minimum term the phone is an inducement to agree a contract, as this covers the SIM only, not the handset.

As to whether the phone's guarantee is going last 12 or 24 months, Apple provide 12 but will offer to extend it if you pay extra. This is perfectly acceptable and no rules are being broken.

grumbler

Buzby wrote: »

There is no requirement for a contract phone to have a warranty that matches the minimum term the phone is an inducement to agree a contract, as this covers the SIM only, not the handset.

This is just your opinion, not a fact. Many people in the 'industry';) like presenting this opinion as a fact. However, say, Trading Standards have a different opinion on this.

However, even regardless of the airtime contract, there is a legal requirement for the phone to last for a reasonable time. And any reasonable (pun intended) person would agree that 1 year is not a reasonable time for £500 iPhone.

@OP: see similar recent threads:
iPhone Faulty - Apple vs Carphone Warehouse
EU consumer law? iPhone 4

Buzby

It remains an inducement until a court decides otherwise. I don't know how many cases you've witnessed (I've managed 12 since 1994) and in these actions were all upheld on the basis the contract (and responsibility) was for the SIM alone.

As for 'trading standards' their opinions is as wide and varied as the council staffer you speak to at the time. Experts? Certainly not. Neither are they an enforcer, all they do is Weights & Measures, everything else is referred to whoever they can palm it off to - a regulator perhaps?

OFCOM have certainly made noises, but that isn't law and simply an aspiration until enshrined in a law of some sorts. The networks have responded by stating they'll quit offering handsets, moving back to the original model for cellular (in 1987). The customers will have to source their own product and get a SIM.

As for expecting a phone to last longer than 12 months - nice idea, but it isn't a law so no 'rights' to demand it. You never take the balanced view that a handset might just have been dropped, got wet or similarly abused - preferring to assume that it doesn't have a rough life and any failure will naturally be a manufacturing fault.

Shame really - it fools many!

grumbler

Buzby wrote: »

As for expecting a phone to last longer than 12 months - nice idea, but it isn't a law

What's SoGA then if not a law? Yes, it doesn't say 24 or 36. OK, let's leave it to a judge to decide whether 12 is reasonable.

You never take the balanced view that a handset might just have been dropped, got wet or similarly abused - preferring to assume that it doesn't have a rough life and any failure will naturally be a manufacturing fault.

No, I just base my opinion on the facts posted. You, in your turn, make assumptions that it was abused - like many people in 'industry' that look for pathetic excuses, like a small scratch, for refusing repair/replacement.

I agree about TS though. That's why I said 'opinion', not 'fact'.

digp

Buzby wrote: »

It remains an inducement until a court decides otherwise. I don't know how many cases you've witnessed (I've managed 12 since 1994) and in these actions were all upheld on the basis the contract (and responsibility) was for the SIM alone.

Managed?
|What's that sposed to mean?

Earthworm

Antony.A wrote: »

can you tell me what you think
me.
Just wanted other THREE customers to know that (and this comes straight from Apple themselves) if you take a two year contract with them that includes the phone and the phone stops working ( like mine did after just 15 months use) then THREE are responsible for a free repair or replace of the phone. They will deny this but under European law they are responsible. After spending most of the day talking to THREE they tried to offer me a downgraded phone and then decided to stop talking to me when I refused the downgrade. WILL NOT BE LETTING THIS DROP and am taking it all the way as THREE DO NOT HAVE A LEG TO STAND ON. So if anyone else is in the same position don't give up and fight for your rights. I will be posting regulars updates about my fight with THREE......
3
Three UK Hi Antony. Apple's own site disagrees with you on this I'm afraid.
me
I got this direct from Apple and if you Google European law for mobile contracts it does state two years from the point of sale. Maybe you should give them a call yourself. The fight continues... And if this is the case why did three offer me a free phone then???
I suggest you look up the EU directive 199/44/EC which states "a two year guarantee applies to the sale of all consumer goods everywhere in the EU" and crucially does not require the buyer to show the fault is down to their actions.. this has been used successfully in cases exactly the same this. Many junior members of staff are not aware of this but if the complaint is taken to the legal team you will be informed this is true. Maybe you should also have a word with your legal department. I have suggested this in my email to Mr Dyson
3
Hi, could you post through a link where you found that so we can have a look at it? <Ahmed
me
I spoke to Apple on the phone and they told me. Look at EU directive 1999/44/EC. It is quite clearly stated as your legal department know. It's not hard to find online once you know what you are looking for.... Unfortunately your customer care dept are still denying the fact which is why I am bypassing them and taking the legal route. Google the directive yourself. It will also bring up cases where mobile networks have lost cases under this EU law
3
Antony as mentioned already, going by the information we have, our process for warranty repairs and replacements is correct. If you have a link for the information you found, we're happy to have a look. Apart from that, there's nothing else, we can do. Thanks, Pamela
me
APART from nothing else you can do......apart from the Law? so is 3 above the law now??????im on just starting on this.im going to forwould this link to the EU .oh and a few tv channels/news papers im sure they would love to interview the one company above the law.

this is all on 3 uk facebook..ive not finished with them :A

It always grates on me when I see really long posts regarding SOGA and faulty/broken phones without mention of what actually went wrong with the phone. What actually broke on the phone?