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faulty phone, contract still 8 months to run

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marje
marje Posts: 28 Forumite
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My daughter got an iPhone 4 in April 2013 from T-mobile on a two year PAYG contract. The phone had to be replaced in December 2013 as it developed a fault. The replacement phone has now developed a fault but is deemed out of guarantee as the guarantee from the first phone transferred to the second phone. We took the phone to Apple who told us that to repair the phone would be about £120 (and also told us that the phone had already been registered to somebody else). To come out of the contract early would cost us £180. My question is can we really be expected to carry on with a contract and a non-working phone?

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  • emweaver
    emweaver Posts: 8,419 Forumite
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    Yes you can be expected to carry out a contract as it is not the networks fault it is faulty and its made clear the phone only comes with a 12 month warranty. However, I am sure the warranty starts when you get the new phone not from the time of the original one. I would contact consumer advise just to make sure.
    Wins so far this year: Mum to be bath set, follow me Domino Dog, Vital baby feeding set, Spiderman goody bag, free pack of Kiplings cakes, £15 love to shop voucher, HTC Desire, Olive oil cooking spray, Original Source Strawberry Shower Gel, Garnier skin care hamper, Marc Jacobs fragrance.
  • Buzby
    Buzby Posts: 8,275 Forumite
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    If you have a Pay As You Go account - why is there any minimum 'term' contract?

    You don't say what the fault is/was, but any replacement handset will naturally inherit the guarantee of the original*. You don't get a new replacement - you handed in a used handset and got a used replacement. The fact it was registered previously is no surprise.

    You are not entitled to a replacement to continue service, as all you need do is take out the SIM - which is what any contract covers. Put the SIM in a working phone and the service continues as before.

    If the phone is important, insure it and claim the cost of the replacement. The answer to your question is simple - yes, you are expected to pay for the services provided. If you crashed your car, is the maker responsible for your road tax?

    *It's called 'betterment' and stops never-ending warranties.
  • gjchester
    gjchester Posts: 5,741 Forumite
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    emweaver wrote: »
    However, I am sure the warranty starts when you get the new phone not from the time of the original one. I would contact consumer advise just to make sure.



    Apples replacement warranty is the balance of the original warranty or 90 days whichever is the longer.
  • macman
    macman Posts: 53,098 Forumite
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    What is the fault? There are alternatives to an 'official' Apple repair, since it's no longer in warranty.
    No free lunch, and no free laptop ;)
  • grumbler
    grumbler Posts: 58,629 Forumite
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    Who supplied the phone?
    Who replaced it?
  • grumbler
    grumbler Posts: 58,629 Forumite
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    Buzby wrote: »
    If the phone is important, insure it and claim the cost of the replacement.
    Do you mean fraud?
    Insurances normally don't cover faults unless extended warranty is a part of the insurance.
  • marje
    marje Posts: 28 Forumite
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    Thanks everyone. The phone is a pay monthly from T mobile and was replaced by them. The fault is that the screen suddenly fills with pixels and cuts off. The phone comes on again when it feels like it. It has been restored to factory settings but still has the fault. Apple genius couldn't think what else to do. Will definitely try another repair shop. Won't claim on insurance.
  • grumbler
    grumbler Posts: 58,629 Forumite
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    marje wrote: »
    Thanks everyone. The phone is a pay monthly from T mobile and was replaced by them.
    Well, in this case you have Sale of the Goods Act (or SoGaSA) protection.

    E.g.: Iphone 5 faulty after 14 months on T-Mobile - Consumer Law?
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