Had a replacement and then upgraded now a fault.

Alanmcm

I have a been with Orange/EE for about ten years now and have had all sorts of problems with insurance and faulty phones. The latest one is a bit of a pickle so Ill try and explain as best possible. My partner had an Iphone 4s on a two year contract we also had Orange Care on the phone. The Iphone 4s went faulty in the last month of contract May 2014 so I got it replaced with no issues, I then upgraded her phone to an Iphone 5C at the start of June, however the replacement Iphone 4s has developed a fault and as such Apple advised me to go back to the Network Provider as the replacement comes with a 90 day warranty. I spoke to Orange and they said that the warranty becomes invalid as the phone has been upgraded. This doesnt seem correct to me, I paid my money every month for the cover and then paid for administration charge to have it replaced so I would assume that regardless of an upgrade a 90 day warranty should still apply?

The fault is that the logic board needs replaced and as such costs the same amount as the phone itself so im in a predicament.

I have 5 different contracts currently with them and I use the Iphone 4s myself as the Nokia Lumia phone I have on contract with them went faulty after 11 months and they refused to repair it so I took over my partners old phone until Im able to upgrade in November. Any help or suggestions would be great.

Thanks Alan

Anoneemoose

Alanmcm wrote: »

I have a been with Orange/EE for about ten years now and have had all sorts of problems with insurance and faulty phones. The latest one is a bit of a pickle so Ill try and explain as best possible. My partner had an Iphone 4s on a two year contract we also had Orange Care on the phone. The Iphone 4s went faulty in the last month of contract May 2014 so I got it replaced with no issues, I then upgraded her phone to an Iphone 5C at the start of June, however the replacement Iphone 4s has developed a fault and as such Apple advised me to go back to the Network Provider as the replacement comes with a 90 day warranty. I spoke to Orange and they said that the warranty becomes invalid as the phone has been upgraded. This doesnt seem correct to me, I paid my money every month for the cover and then paid for administration charge to have it replaced so I would assume that regardless of an upgrade a 90 day warranty should still apply?

The fault is that the logic board needs replaced and as such costs the same amount as the phone itself so im in a predicament.

I have 5 different contracts currently with them and I use the Iphone 4s myself as the Nokia Lumia phone I have on contract with them went faulty after 11 months and they refused to repair it so I took over my partners old phone until Im able to upgrade in November. Any help or suggestions would be great.

Thanks Alan

I believe the terms of the insurance state that when you upgrade, the cover transfers to the new phone. Technically you have no 'contract' for the old one. You can't be insured on the old phone AND the new phone at the same time.

In regard to warranty...this sounds like an Apple thing, not an Orange one - if that's the case and Apple offer the warranty, then they should resolve the issue.

The only other way to go is Sale of Goods (although not sure if that is relevant) however you would have to get an engineers report showing the handset had an 'inherent' fault I believe. As I said, not sure of the exact T&C's re that but I am sure someone will clarify.

flashg67

From what you've said, I think you should push Orange and/or the repiers on this - when I've had insurance replacements, the 90 day warranty appears to have been provided by the phone repairers and the phones came with an insert on how to claim if needed - did your replacement come with this? Might be a starting point if you have.

Alanmcm

yea they said that the insurance wouldnt transfer from one phone to another but I just assumed if you get offered a 90 day warranty on an item then it should apply regardless of an upgrade. I think that I may be stumped with this one other than the sale of goods act argument, Ill give it a go but if no success then Ill buy my contract out £75 and upgrade really early. I never received any paperwork regarding the repair it was a straight swap over in phones, courier came and collected mine and handed me a refurbished phone.

Would it be worth pushing Apple for a sale of goods act repair? Ive read that this is a common enough fault with the phone and as such it should be the manufacturer who should come to my rescue as such? The phone has only had a 2 year life and was refurbished 2 months ago and has developed a critical fault after 2 months.

JJ_Egan

Its worth firing a letter of to Apple but they are not liable under SOGA .