consumer law

MUM2ABI

HI can someone help or advise please,

Mobile contract with virgin 2 years got iphone 6 plus, never told 12 months warranty or i could take insurance. now 16 months into contract phone as packed up completly because of the ios10 upgrade, virgin say apple should fix, apple say virgin should fix because of consumer law that it isnt fit for purpose, log complaint at virgin for it to come back with the standard no and that a letter is being sent and i can take it to cifas, but i still need to pay my bill to the end of the contract.

Can anyone offer any advise

d123

MUM2ABI wrote: »

HI can someone help or advise please,

Mobile contract with virgin 2 years got iphone 6 plus, never told 12 months warranty or i could take insurance. now 16 months into contract phone as packed up completly because of the ios10 upgrade, virgin say apple should fix, apple say virgin should fix because of consumer law that it isnt fit for purpose, log complaint at virgin for it to come back with the standard no and that a letter is being sent and i can take it to cifas, but i still need to pay my bill to the end of the contract.

Can anyone offer any advise

Firstly, it's nothing to do with Apple, your statutory rights reside with the retailer, not the manufacturer. If you bought it from Virgin they are who you want to deal with.

If they don't want to help you will need to commission an independent report to verify the fault is not wear and tear and take Virgin to court.

You still have to pay for the service as it's what you are contracted to do, if you stop paying they will have the right to come after you and trash your credit file, enter a default against you, set the bailiffs on you etc.

If it was 16 months ago you would be trying to use the Sale of Goods Act to get redress.

http://www.which.co.uk/consumer-rights/advice/my-mobile-phone-is-faulty-what-can-i-do

http://www.which.co.uk/consumer-rights/advice/how-to-get-a-faulty-mobile-phone-replaced-or-repaired

[Deleted User]

d123 wrote: »

take Virgin to court.

I doubt it will come to that.

d123

Moneyineptitude wrote: »

I doubt it will come to that.

If Virgin refuse to help as per the OP that is where the procedure ends up...

If the retailer or manufacturer won't help, write to the retailer (not the manufacturer) saying that, under the Consumer Rights Act (which replaces the Sale of Goods Act from October 2015), the phone is not of satisfactory quality and you are exercising your right to have it repaired or replaced.

If it continues to fail to offer a remedy and you want to resolve the dispute through court action, you should follow the steps in the Practice Direction on Pre-action Conduct which tells you what you must do before going to court.

If you're considering the small claims court, take a look at our full guide for what to do next.

MUM2ABI

hi,


yes got the answer no i would have to pay £263.00 to pay the repair cost, they are sending me a letter, and i have advised im not happy with the outcome and i advised im taking it futher

MUM2ABI

i told them that the phone isnt sastifactory or fit for purpose and they still said the same i would have to pay to have it repaired

glentoran99

take it to the ombudsman,


How did ios 10 break it? should be easily fixed if it was just an upgrade caused issues

Frozen_up_north

Is it really faulty, or just hung up? I've had an upgrade hang some time ago, from memory it needed a reset. It's unlikely an update would cause a serious fault.

If it's not too far, you could try an appointment with an Apple Genius at an Apple Store. It needs booking in advance.

MUM2ABI

had the ios10 upgrade come through to the phone, since the upgrade the phone started playing up booting on and off all the time, and freezing and then 2 weeks ago booted off and wont come back on

MUM2ABI

already took it in, they say the ios10 as cause an hardware issue and device is none responsive

glentoran99

have you tried plugging it into iTunes?