Mobile insurance claim - faulty handsets

FightTheExploiters

Hi,

Need some advice where I stand and would appreciate any help.

Bought a mobile phone on contract in September 2014, iPhone 6 Plus 128GB. For the last 12 months I have had intermittent bluetooth problems across multiple cars/bluetooth kits. Despite 2 replaced handsets and an uncountable amount of technical support from Apple, my carrier and my mobile insurance, I still have a faulty handset with the same problem, despite doing all the software updates and everything asked by Apple and my mobile insurance.

I claimed on insurance on 12th April this year, received one handset which was a refurb which had damage on it. After a lot of complaining I received a new handset, brand new in fact, which means I now have Apple's full warranty.

But I still have the same problem. I have complained to the insurance and their final resolution is to offer me a Samsung Galaxy S6 32GB which I have said is unacceptable as I am in the Apple Ecosystem if you know what I mean, I use iCloud, bought all the apps, have an Apple Watch and other iPhone specific accessories. I can go to the financial ombudsman about this to challenge the insurance company and I have the complaint form ready to complete, once I receive final written outcome form the mobile insurance.

The issue is with Apple also and sits highly with them but they are passing me around. I have been offered a replacement handset but they can only give me the same model, which is no good to me as in order to resolve the issue I need to try a different handset, as I've already had 3 of the same model. I continue to pursue it with Apple.

It's all tiring, so I've been looking at section 75, as I paid the £150 excess to my mobile insurance on my credit card. So here comes my questions;

1. Would section 75 only cover me for the excess or could I claim for the cost of the mobile phone also, barclaycard weren't certain as I pay my mobile bill over direct debit. I can't remember if I paid a handset charge and how I paid that.
2. As the mobile insurance states they replace with a device with similar features do you think it's unacceptable to offer me a 32GB 5" android device to replace a 128GB 5.5" Apple device which would be incompatible with apps and accessories I use
3, What laws apply to any of this, sales of goods act etc.?
4. Do you see any other avenues I have missed?

The mobile insurance seems to be hinting that I'm after an upgraded phone - this isn't the case, one that works without compromising use is all I wan't. So I believe they should be letting me try an iPhone 6S Plus or 7 Plus with the same memory or higher.

Appreciate any advice.

Thanks
Dave

FightTheExploiters

Thanks. The insurance is telling me it's all over google but I've never found the exact issue described online, although other bluetooth issues are, and Apple don't say it's a known problem.

meer53

I don't understand how you can have the same issues on 3 different phones ?

FightTheExploiters

meer53 wrote: »

I don't understand how you can have the same issues on 3 different phones ?

Sorry they are 3 phones of the exact same model &a specification.

meer53

FightTheExploiters wrote: »

Sorry they are 3 phones of the exact same model &a specification.

I know, but if you have the same issue on 3 different handsets then i would assume the issue isn't the handset but something you're doing ?

FightTheExploiters

meer53 wrote: »

I know, but if you have the same issue on 3 different handsets then i would assume the issue isn't the handset but something you're doing ?

I've been through technical support with the mobile insurance and they say it's a manufacturers problem. I have a dedicated tech support guy in Apple who is on my side but all he can do is offer me the same model of handset. It's definitely not me, 10 months of tech support has shown that I'm afraid. I really wish it was simple. I've even recorded what it does on YouTube to show them and had remote sessions with tech support to take me through setting it all up.

unholyangel

FightTheExploiters wrote: »

I've been through technical support with the mobile insurance and they say it's a manufacturers problem. I have a dedicated tech support guy in Apple who is on my side but all he can do is offer me the same model of handset. It's definitely not me, 10 months of tech support has shown that I'm afraid. I really wish it was simple. I've even recorded what it does on YouTube to show them and had remote sessions with tech support to take me through setting it all up.

So no one else has had this issue (or at least they haven't posted about it online), but you're of the opinion that the fault exists on every single handset of that model? You realise how unlikely that is? Have you tried resetting it to factory settings and starting a new itunes account? Its possibly software related?

Section 75 gives you a like claim against the creditor if you have a claim against the retailer for misrepresentation or breach of contract that is financed by a debtor > creditor > supplier agreement. Tbh I'm not convinced it would apply here as you didn't pay for a iphone - you paid for an excess iyswim? Theres no contract of sale for the iphone, only for the insurance.

As for which laws apply...that would depend on what you are asking. Are you asking which laws apply to your purchase of insurance? Which laws apply between you and the manufacturer? Which laws apply between you and the retailer? (although theres a possibility having the device replaced under insurance might end their liability unless perhaps they sold you the insurance at the time you purchased the phone).