Mobile phone's faulty/ still under contract

mr24.7

Hi
I'm still under contract and my i'phone is faulty. Bought it from Tesco (£100) upfront and with a 24 month contract and i am on my second year of the contract.

I have contacted Tesco for the last 4-5 months and they blamed the fault on the sim card and the service.

finally.....

Went into an Apple shop myself and after testing the phone was informed that there is a hardware problem and need to replace the handset and pay £159.

I contacted Tesco and i was told that you only get one year's manufacturers warranty.


Can anybody help?

Thanks

SuperHan

True.

If you want Tesco to act you will need to get an engineer's report saying that the hardware fault is inherent, i.e. has been there since the phone was made and it was always going to fail early.

The problem is, Apple are unlikely to issue such a report as it could render them liable for anyone else with the same fault who purchased from them. Therefore, you may have to find someone else who will give you the report.

You will need to pay for this yourself and if it finds in your favour you can claim it back from Tesco along with your remedy (which will be a repair, replacement or full/partial refund)

mr24.7

Would i be able to cancel the remaining contract as I am unable to make and receive calls?
What are the consumer rights in these situations?

stevemLS

The contract for airtime is not dependant on the phone working, daft as it seems.

So, you could use the sim in another handset and continue to use the airtime.

SeduLOUs

stevemLS wrote: »

The contract for airtime is not dependant on the phone working, daft as it seems.

Doesn't seem daft to me. Otherwise people would be getting out of contracts only a few months in after dropping the £600 iPhone they haven't paid anything for onto concrete/losing it in a pub/testing out the new waterproof capabilities of iOS7.

mr24.7

Seems a bit strange...when the contract states that i bought the Phone (with so many minutes and data).
oh well...

mr24.7

The issue is a 'Hardware Problem' not pub games or gravity issues....

SeduLOUs

mr24.7 wrote: »

The issue is a 'Hardware Problem' not pub games or gravity issues....

Doesn't matter, phone is out of warranty. If you want it to be covered beyond that or for any other reasons such as accidental damage then you need to take out appropriate insurance.

Handsome90

You could ask Apple for the report; they won't charge you anything for that. Although whether Tesco will consider them as independent or not is another matter.

mattyprice4004

mr24.7 wrote: »

Seems a bit strange...when the contract states that i bought the Phone (with so many minutes and data).
oh well...

Well if you don't believe him, hire a lawyer then.
It won't change the fact he's correct though.

mije1983

Handsome90 wrote: »

You could ask Apple for the report; they won't charge you anything for that. Although whether Tesco will consider them as independent or not is another matter.

Apple will just probably state 'hardware fault'. This in itself is not enough as it won't explain why there is a hardware fault. As said above, Apple are unlikely to admit to producing an item with an inherent fault, and it's the fact it is (or is not) an inherent fault that's important.

SuperHan has given the right advice for the OP in post 2, so hopefully they will get the said report, it will find in their favour, and they will get an acceptable outcome (although not the cancellation of the contract that has been mentioned).