Apple iPhone faulty

yellowplum

I did, and the did...

I quote from a very short email....

As discussed, Apple will be unable to meet your request.
Should you wish to speak about this further please feel free to contact me.

wealdroam

yellowplum wrote: »

The argument was that although they stated it was new that was a breach of contract and I should take that up with apple directly.

I would forget that. It's your word against theirs.
Unless you have proof of what was said, you are not going to win that argument.

yellowplum wrote: »

They also said they would try to resolve the issue with Apple but did not believe I had a valid claim in this instance under S75 because apple had agreed to replace it with albeit it a refurbished unit.

Yes. I agree with Barclays.

yellowplum wrote: »

However I am still reluctant to take another unit for the reason that this is the second time it has failed with the same issue.

You have a phone which is now two years old (OK, I know it's two phones over that period), and Apple are willing to replace it with a full functioning replacement.

Do you understand that after six months Apple are entitled to ask you to prove that the fault is inherent?
An inherent fault is one which was present at the time of sale but not necessarily apparent at that time.

You asked earlier "If the handset develops the same fault in the same space of time is it not inherently faulty?"
No, that is not a definition of an inherent fault.

If I were you I would be accepting Apple's offer of a refurbished replacement before they change their mind.

yellowplum

So if I accept this then what recourse exists if it develops the same fault in 12 months again.

wealdroam

yellowplum wrote: »

So if I accept this then what recourse exists if it develops the same fault in 12 months again.

You can seek a remedy from the seller for up to six years after the sale.

yellowplum

I understand that, what I meant was what remedy can I expect, another refurbished handset for a forth time? Or do I have any other recourse? Or can I state that now?

wealdroam

yellowplum wrote: »

I understand that, what I meant was what remedy can I expect, another refurbished handset for a forth time? Or do I have any other recourse? Or can I state that now?

That remedy could be a repair, replacement or a refund. You can express a preference, but you cannot force the seller to proved a remedy which is disproportionate. That usually means that the seller can choose the most cost effective remedy.
If a refund is decided upon, that refund can be reduced to take account of the three years' use you have had.

In twelve months time you will have a three year old phone (as before, I know it's three phones).
What will a three year old iPhone5 be worth then... when the iPhone 7/7s/8 will probably be around?
What sort of refund will you be offered?
What is the expected life of an iPhone5?

Who knows.

harrys_dad

George_Michael wrote: »

Because S75 is specifically for problems relating to goods that have been purchased by way of finance agreements (either credit cards or other direct finance).

Thanks for the correction; I had made the erroneous assumption that when the OP mentioned Barclays they were referring to a credit card, hence why I asked about finance agreement. Mea Culpa.

Kingsd316

Just so you know the refurbished phone will not have a 12 month warranty, it is likely to be 3 months. The only reason they replaced your second phone 12 months (24 months in total) down the line was because you bought it directly from apple, and they offer 24 months EU Consumer law warranty