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Refurb iPhone 5, out of warranty with Apple but not with Three

Hi guys,

This is my first forum post on this and any website so please bear with me if I seem a bit of a newbie.

February 22nd 2013 I bought an iPhone refurb through Three on the One Plan. One of the reasons I was attracted to the refurb was because of the 12 months warranty Three supplied.

In the last few months, however I have experienced issues with my battery where my iPhone has got down to 50/60% and then switched itself off.

So while I had some time off after the new year I decided to take the phone into the apple store (thinking it was still in warranty). They performed a diagnostic on my phone and confirmed that there was a fault with the battery but informed me that as this phone was out of warranty. They told me that they could replace the phone but it would cost me £209.

I was sure that this was still in warranty with Three so took it to the Three store where the lady informed me that it was still in warranty and I needed to phone Three and get them to change the IMEI number and then take it back to Apple.

I rang Three when I got home and after contesting with phone agent that my phone was still in warranty he said that I would have to go back to the Apple store and pay the £209 and then Three would credit my Three account with £209.

I wasn't happy with this explanation so decided to take my phone to a closer Three store hoping that they could take my phone in for repair. They didn't seem to know anything about any warranties on refurbished phones and at times it felt like I was training Three's staff on their own policies. They told me they couldn't take my phone as I bought it online and they can only take phones which were purchased from that store. They told me to call customer services again.

So I rang again and after a long conversation the agent passed me through to his manager who explained usually they would send me a replacement iPhone but Apple have since stopped making them so they can't do that. The only option I had was to pay the £209. I still contested this and asked if I could get this put back into my bank instead of credits my Three account once I'd sent the proof of receipt from the Apple store. The manager said this would be fine.

After this I made a complaint using the online complaint form and they have just got back to me tonight. They are offering me firstly a £20 credit into my account for the non-use of my phone (it's been unable to switch on for about 2 weeks) but they have also said there is no way round the £209 issue. They also said there would be no way to pay the money back to my bank account, it could only be put in as credit to my Three account.

I really don't think this is an acceptable from of warranty and I really don't think I can afford a payment of £209 which I won't fully get back until 6 months time.

Can anyone suggest anything I can do or if I have any rights on this? I really don't know much about warranties or how they work.

Sorry for the long rant but it's an issue that I'm not getting any further with.

Thanks

Comments

  • If they said the problem is the battery, I suppose that can be replaced, instead of replacing the whole phone... maybe look into having the battery replaced independently. It should cost a fraction of what they are asking you now.

    I am not sure, though, as I have never had an Apple product. I am sure other people will be more informed about repair prices on Apple products.

    Your issue with the iPhone sounds similar to my issue with the Galaxy S4 and I am lucky because I could just buy a new battery, but with the iPhone you can't.

    Best of wishes.
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 15 January 2014 at 9:46PM
    Bennzy1990 wrote: »
    Sorry for the long rant but it's an issue that I'm not getting any further with.
    I think the only way is to sue 'Three'.
    Send them a letter before action giving them, say, a week to arrange collection of the phone and then to repair or replace it. If they fail, submit a claim to the online small claims court for the market value of the handset plus the inconvenience they caused you.

    It would help if you get a confirmation from Apple that it's the battery, but I don't think that this is necessary as 'Three' don't blame you for any damage and the only problem is that they don't want to repair/replace it and refuse to pay you upfront for what they should have done themselves.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 15 January 2014 at 10:23PM
    Apple website quotes a price of £55 (+P&P) for a battery replacement.
    http://support.apple.com/kb/index?page=servicefaq&geo=United_Kingdom&product=iphone&select=BATTERY_REPLACEMENT
    Why were you quoted £209 for a new phone if only the battery is faulty?
    An independent will charge even less than Apple.
    If it's a refurb I doubt you ever had a warranty with Apple-your remedy is with Three, as the retailer.
    No free lunch, and no free laptop ;)
  • secretmsg
    secretmsg Posts: 230 Forumite
    If u got 12 months warranty then should have replaced as i had same battery issue and went to apple store and they replaced it without any question because i still have 2 months warranty.dont let three go away like this.. Check the phone warranty date by googling imei iphone check whichwill give u details.. The networks have control in changing warranty dates through apple,as i experienced with o2:few month back..
  • I have this very problem myself, and I am livid! I am not sure if the ombudsman will help or trading standards, I am still less than 12 months with my phone, but it too is out of warranty with apple
  • Ok there are 2 things that you need to understand: sale of goods act (SOGA) and warranty.

    SOGA basically states that the goods sold by retailers have to be satisfactory quality and last a reasonable period of time. Since the phone that you bought is over 6 months, you may have to provide evidence that the phone is faulty and the battery deteriorated prematurely. For this, you've to get an independent engineer's report (perhaps from Apple) stating that the problem in your phone wasn't normal wear and tear and it wasn't abused in anyway. If you choose this route, get the report and show that to 3. If they don't budge, send them a letter before action (LBA) and if needed to court. By the way, the retailer can choose to refund, replace or repair your phone and you've no right in demanding a particular option (but there is no harm in politely asking them).

    Warranties are in addition to your legal rights and you are bound by the terms and conditions that you signed. By reading your post, it's not clear whether the refurbished phone was refurbished by Apple or 3 themselves. Apple refurbished phone comes with 1 year warranty.
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