Iphone 5 faulty after 14 months on T-Mobile - Consumer Law?

Reenie31

Hello

This is my first post on the forum, I need some help understanding how to handle this.

After 14 months my iphone 5 died - battery went from 93% to 43% in 5 minutes and phone was very hot, so I switched it off and it now won't work.

I took the phone to T-Mobile who my contract is with and they said it would cost £180 to repair. I then decided to go to the Apple store and see if the battery just needed replaced. They had a look and basically the phone has a major hardware fault and it couldn't be fixed, but they offered a reconditioned one at £176. When I was in there the guy next to me had his phone for 15 months and it had also died but because he bought it directly from apple he got a free replacement under Consumer Law.

I then went to Apple website which clearly states a 2 year warranty under EU Consumer Law if you buy directly from Apple and if over 1 year you need to take it back to the seller.

So I went back to T-Mobile and said that under consumer law they should be able to repair for free with Apple. They refused to do this and said that under the Sale of Goods Act I would need to prove that it was faulty from the day I purchased it.

I am a bit confused as under the Sale of Goods Act it would seem that having a two year contract, one would expect the phone reasonably to last two years.

My phone is in really good condition and I really grudge paying £170 to get it repaired or replaced with a reconditioned one when it seems that Apple have a two year warranty for the iphone.

Anyone got any advise?

Thanks

Buzby

What is the 'major hardware fault' ? This has a considerable bearing on any successful claim.

grumbler

Reenie31 wrote: »

.... They refused to do this and said that under the Sale of Goods Act I would need to prove that it was faulty from the day I purchased it.

They were right, although in practice it's easier to prove that the fault was not a result of misuse or user-inflicted damage.

I am a bit confused as under the Sale of Goods Act it would seem that having a two year contract, one would expect the phone reasonably to last two years.

This would be under Supply of the Goods and Services Act, not SoGA. All networks vigorously deny any relevance of the SoGaSA, but this is arguable.

My phone is in really good condition and I really grudge paying £170 to get it repaired or replaced with a reconditioned one when it seems that Apple have a two year warranty for the iphone.

I think Apple are lairs, but I can be wrong. A proper two-year warranty costs you extra.

Anyone got any advise?

The only way is to get a proof from Apple (unlikely) or an independent repairer. Then sue T-mobile if they refuse to repair or replace.

Reenie31

They didn't tell me what the major hardware fault was!

Reenie31

Summary of EU-wide Consumer Laws, the Apple One-Year Limited Warranty and the AppleCare Protection Plan

EU-wide Consumer LawsApple One-Year Limited WarrantyAppleCare Protection PlanClaim period2 years (minimum) from date of delivery, 5 years in Scotland and 6 years in the rest of the UK11 year from date of purchase3 years from date of purchase for Mac or Apple display
2 years from date of purchase for Apple TV, iPad, iPhone or iPodCost of coverageProvided at no additional costIncluded at no additional costAvailable for additional costHow to make a claimCall or visit your seller2Call Apple support or visit an Apple Retail Store or Apple-Authorised Service ProviderCall Apple support or visit an Apple Retail Store or Apple-Authorised Service ProviderIncluded repair or replacement optionsContact the seller for detailsCarry-in or postal service3Carry-in or postal service; express replacement service for iPad and iPhone; or onsite service for desktop computers3Overseas repair or replacementContact the seller for detailsYes4Yes4Telephone technical support5None90 days from date of purchase3 years from date of purchase for Mac or Apple display
2 years from date of purchase for Apple TV, iPad, iPhone or iPod

NFH

grumbler wrote: »

This would be under Supply of the Goods and Services Act, not SoGA. All networks vigorously deny any relevance of the SoGaSA, but this is arguable.

I've never heard of this before. Why would they deny it? Services, and goods supplied in conjunction with them, are subject to the Supply of Goods and Services Act 1982. The supply of such goods could not be subject to the Sale of Goods Act 1979 because the goods are not sold as a standalone product with a price, but transferred to the consumer as a condition of the service.

Silk

grumbler wrote: »

I think Apple are lairs, but I can be wrong. A proper two-year warranty costs you extra.

As far as I'm aware if you buy the phone direct from Apple they honour the 2 years ...but they won't when bought through a 3rd party because they pass it back to the sellers obligations.

And then of course we end up back with the EU directives as opposed to law arguments :rotfl:

emma-uk

Silk wrote: »

As far as I'm aware if you buy the phone direct from Apple they honour the 2 years ...but they won't when bought through a 3rd party because they pass it back to the sellers obligations.

And then of course we end up back with the EU directives as opposed to law arguments :rotfl:

Apple have just repaired my iPhone 4s which is 14 months old free via vodafone with no hassle or resistance even though it wasn't obtained direct from them.

Cuilean

I shall watch this with interest. My iPhone 4S slowly died 13 months into a 24 month T Mobile contract. They supplied the phone. First GPS died, then it started wiping my contacts and diary entries. T Mobile were not interested. I phoned and spoke to several different departments, all of whom claimed that their liability to me ended after the 12 month warranty provided with the phone. I took the phone to the Apple Store, who suggested trying a new battery, which I did, but it made no difference.

In the end, I went to Apple and bought an iPhone 5 and AppleCare myself. No contract, no obligation to T Mobile. Cheeky g*ts still charged me £10 to get a nano SIM card though.

Precisely 3 days before the contract expired, I phoned and told them I wanted to go onto their cheapest SIM only. I will console myself with that fact that I will eventually recoup my money from dropping out of an expensive monthly contract.

Silk

emma-uk wrote: »

Apple have just repaired my iPhone 4s which is 14 months old free via vodafone with no hassle or resistance even though it wasn't obtained direct from them.

Yes there's quite a few that manage to get them repaired a month or two past the deadline ..... seems to be a bit of luck involved as to how you get on

chanz4

Doesnt this just show the poor quality of them