Carphone Warehouse Mobile Phone - refusal to Repair iPhone 5

knowall2

My wife's iPhone 5, purchased from Carphone Warehouse on a two year contract with O2 twenty months ago, has stopped functioning. The Apple Store at Sheffield has confirmed that it is due to a hardware fault. The phone is not covered by either AppleCare or any sort of additional warranty from Carphone Warehouse. She now has four months of the contract to pay and has a non functioning phone...Apple will repair it for £204.00 and Carphone Warehouse for £240.00.
Trading Standards informed us that Carphone Warehouse, as the retailer, have a responsibility to repair the phone under the Supply of Goods and Services Act 1982 but of course they deny all responsibility. They say that if I can prove that there was an 'inherent fault', evident during the first six months, then they will sort it out. But of course this is complete nonsense as had a fault become apparent during that period we would have gone back with the phone at the time...not wait until now. Apple won't admit to an inherent fault...nor will they accept any liability either. O2 also deny any liability.
The phone is probably now only worth about £100.00 anyway but clearly the consumer is really being shafted under these circumstances, the contract can't be cancelled and the phone is useless.
Is there really nothing else that can be done to force Carphone Warehouse to honour their responsibility (presuming that it is) other than to sue them? They seem to have no shame whatsoever...a very poor company indeed.

Lomast

Either Carphone warehouse are confused or you misunderstood what they said, After 6 months it is the responsibility of the consumer to prove (by getting an independent engineer report) that the fault was inherent then the retailer is responsible for its repair, replacement or refund

unholyangel

knowall2 wrote: »

My wife's iPhone 5, purchased from Carphone Warehouse on a two year contract with O2 twenty months ago, has stopped functioning. The Apple Store at Sheffield has confirmed that it is due to a hardware fault. The phone is not covered by either AppleCare or any sort of additional warranty from Carphone Warehouse. She now has four months of the contract to pay and has a non functioning phone...Apple will repair it for £204.00 and Carphone Warehouse for £240.00.
Trading Standards informed us that Carphone Warehouse, as the retailer, have a responsibility to repair the phone under the Supply of Goods and Services Act 1982 but of course they deny all responsibility. They say that if I can prove that there was an 'inherent fault', evident during the first six months, then they will sort it out. But of course this is complete nonsense as had a fault become apparent during that period we would have gone back with the phone at the time...not wait until now. Apple won't admit to an inherent fault...nor will they accept any liability either. O2 also deny any liability.
The phone is probably now only worth about £100.00 anyway but clearly the consumer is really being shafted under these circumstances, the contract can't be cancelled and the phone is useless.
Is there really nothing else that can be done to force Carphone Warehouse to honour their responsibility (presuming that it is) other than to sue them? They seem to have no shame whatsoever...a very poor company indeed.

If your phone was part of the contract then your rights are with O2 as the service provider.

But as above, once 6 months has passed, they can require you to prove the fault was inherent rather than the result of wear & tear or misuse for example.

knowall2

Thanks Lomast. When I spoke to CPWH they insisted on a report from Apple and this was supplied to them. Apple said that the whole unit required replacement as it was a hardware fault and that the unit was otherwise in good condition, they also referred me back to CPWH saying that it was their responsibility under Consumer Law as they were the retailer. Presumably CPWH insisted on an Apple report because they knew they (Apple) wouldn't actually admit to an inherent problem with one of their products? I realise that if we are to get any satisfaction I will have to sue them, with an independent engineers report, but wonder if it's really worth it baring in mind the phone is only worth about £100.00. It just seems a long winded process to get some justice.

wealdroam

If the phone is now only worth £100, would it not be worth your while to accept Apple's or CPW's offer of a refurbished phone for £200-odd?

O2 are still providing your airtime service... whether you choose to use it or not, you will have to pay for it.
Why not use another £10 phone to see out your minimum term?

bris

Being a hardware fault is not enough, it pretty obvious it's a hardware fault. The fault has to be inherent at the time of purchase and not just one of those things or normal wear and tear etc.


You need the report to state that it was inherent at time of purchas and the reason for it, this Apple will not do as they would then become liable to the seller.


It's all just a game to Apple they play it both ways. When someone takes a phone to them bought from a third party they always give the "yes it's a hardware fault but you need to take it up with the retailer". But whenever it's a faulty phone they sell directly their attitude changes to, prove it was an inherent fault them promptly ask you for a repair fee. They are not a very honourable company when it comes to out of warranty returns so don't let them kid you.