Out of warranty iPhone 5 -Faulty

robl1406

Hi everyone,

I have an iPhone 5, purchased through Orange on a 24 month contract in October 2012. Recently it has developed a fault with the speaker, so now makes no sound whatsoever - pretty unusable really. I have been the Apple store to see what they say and fairly, they informed me it is out of warranty and will cost £50 to repair. However he mentioned that i should follow this issue up with Orange/EE first as clearly the device is not fit for purpose and has developed an issue to no fault of my own. He was talking about EU consumer law, I have googled the issue but haven't been able to make much sense of the situation and where i stand. Is anyone able to advise me on what action to take and what to do next? Any opinions and assistance is greatly appreciated,

Thanks.

simax

Orange/EE won't do anything unless you can prove that the phone was faulty at point of purchase. This is the rule of the Sale of Goods Act.

NFH

simax wrote: »

Orange/EE won't do anything unless you can prove that the phone was faulty at point of purchase. This is the rule of the Sale of Goods Act.

Not quite. After six months, if the supplier disputes the cause of the defect, then the consumer might need to prove that the defect was not caused by misuse, accidental damage, or wear and tear etc.

Where goods are supplied as a standalone product, the Sale of Goods Act 1979 applies. However, where goods are supplied in conjunction with a service and particularly where payments for the service wholly or partially cover the cost of the goods (as is the case here), the relevant legislation is Section 11N of the Supply of Goods and Services Act 1982 which obliges the supplier (not the manufacturer) to repair or replace defective goods free of charge if they develop a defect within a reasonable time after their supply. This legislation is over 30 years old and has been well tested in court. The law doesn't define what a reasonable time is, but where goods are supplied in conjunction with a service, a court would determine a reasonable time to be at least the minimum duration of the service contract. The maximum time is limited to six years by Section 5 of the Limitation Act 1980.

It is irrelevant that the network has separate written agreements for the goods and the service because:

• The network supplied the goods with the intention that they be used with the service.
• The goods were supplied at the price paid on condition of entering into the contract for service.
• The goods were funded, either partially or fully, by the monthly charge for service.
• The goods were supplied at the same time that the service started.
• The goods and service were marketed as a package.

Any warranty is a contractual right which is in addition to, and cannot replace, the consumer's statutory rights under the Supply of Goods and Services Act 1982. If the supplier tells you that you have no rights to a free repair or replacement after the warranty expires, then according to Regulation 5(4)(k) of the Consumer Protection from Unfair Trading Regulations 2008 it is committing an offence under Regulation 9 punishable under Regulation 13 by a fine and/or up to two years' imprisonment. Only if the supplier alleges that the fault was caused by your misuse or negligence will you have to obtain an independent report, the cost of which you can claim back from the supplier if it confirms that the fault was caused by defective manufacturing or software.

There are several contributors to this forum who persistently post incorrect advice about this subject, often spouting out the same drivel given by poorly trained employees of the networks. On the other hand, I have checked this with a specialist consumer solicitor, and if you want to verify my advice, I suggest you go to a Citizens Advice Bureau.

robl1406

simax wrote: »

Orange/EE won't do anything unless you can prove that the phone was faulty at point of purchase. This is the rule of the Sale of Goods Act.

Thanks for your response Simax. Do I not really have a case? Or will I have to somehow prove that the fault was there when purchased and it has simply deteriorated over time and finally become an issue?

Thanks!

robl1406

Thanks for your detailed response, NFH! That looks like some very interesting, useful information. There happens to be several EE stores in the town I work in so I will speak to someone in store and see what they have to say. I thought the situation seemed somewhat unfair but that information seems much more positive.

Thanks again, I'll post on here what I am told by EE tomorrow.

NFH

robl1406 wrote: »

Or will I have to somehow prove that the fault was there when purchased and it has simply deteriorated over time and finally become an issue?

If Orange disputes that the goods were defective at the time of supply, then you would have to obtain an independent report as explained above. Section 18(3)(e) of the Supply of Goods and Services Act 1982 requires that the goods be durable. If a defect manifests itself months or years later and there was no misuse, accidental damage or wear and tear, then it follows that the goods were not durable at the time of supply. This is what an independent report would confirm.

What is more likely is that Orange will tell you that you have no rights after the warranty expires, in which case you should quote the above legislation to them and report them to Trading Standards for the above offence under Regulation 9.

grumbler

robl1406 wrote: »

Do I not really have a case? Or will I have to somehow prove that the fault was there when purchased and it has simply deteriorated over time and finally become an issue?

It will be sufficient to prove that the fault isn't a result of misuse or user-inflicted damage.

robl1406

Thanks for both replies. Thanks NFH for the information, I feel much more confident and prepared to go and speak to someone at EE tomorrow. Cheers for your informative replies, I'll update tomorrow!

robl1406

Hi again, finally managed to go into EE today. Just as suggested, they didn't want to know. They insisted it was not even their problem and I should go to Apple for a repair or replacement (already visited apple last week.)

After asked to speak to the manager who was reluctant to come out and speak to me, I ended up having to go back to work. What would you suggest is the next step I should take? Contact EE's head office?

Thanks again!

mije1983

robl1406 wrote: »

What would you suggest is the next step I should take? !

As NFH posted, you will probably need to get an independant report now to show that the fault is inherent and not due to consumer misuse.

NFH wrote: »

If Orange disputes that the goods were defective at the time of supply, then you would have to obtain an independent report as explained above.

grumbler

The only ways are:
Send Orange a letter before action giving them, say, 10 days to collect the phone and repair or replace it under the SoGA.
If they fail to do this, then either

• Get a report proving that the fault isn't a result of misuse/damage and sue Orange for for the market value of the phone plus cost of the report plus inconvenience.

OR

• Have it repaired with a report and sue Orange for the cost of repair plus inconvenience.

Use the small claims court to claim money back - Money Saving Expert

How to complain: Know your consumer rights and how to use them...