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Do I have to pay for repair on 3yr old iphone?

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  • macman
    macman Posts: 53,129 Forumite
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    Bear in mind that even if you win, or Apple agree (which I very much doubt), then all you can expect is a refurbed model: you won't get a new replacement on a 3 year old iPhone.
    At that age I would go for a repair from a reputable independent.
    No free lunch, and no free laptop ;)
  • PHK
    PHK Posts: 2,422 Forumite
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    john22 wrote: »
    I'm sorry to burst your bubble but I am not talking about anything with regards to small claims court and also not aiming baseless claims against you. Please stay within the topic of what I was responding too which is the claim that warranty equates to life of product.

    I can only comment on what was written and if what was written was to mean something else then that is not my problem.
    I think you've missed the point. To succeed in a claim against Apple, the OP needs to show that the handset could reasonably be expected to last more than three years. That the warranty is only one year, when other companies offer longer is one of a number of factors in deciding that.
  • System
    System Posts: 178,374 Community Admin
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    PHK wrote: »
    I think you've missed the point. To succeed in a claim against Apple, the OP needs to show that the handset could reasonably be expected to last more than three years. That the warranty is only one year, when other companies offer longer is one of a number of factors in deciding that.

    I am not missing any point. I am not interested in how long the warranty is given by a company as they all work to the uk consumer law. A company giving one year or 2 year warranty is not relevant under UK consumer law as that is up to 6 years in England and wales and 5 years in Scotland.

    Even after 6 months the burden is on the buyer to prove the device was at fault even though its only 6 months old.

    From Which Consumer site.....

    Six months or more

    If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.

    In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

    Find out more about how to return a faulty item and claim a refund, repair or replacement from a retailer.

    You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

    This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.


    I am answering one single post which is linking length of warranty to the life of a product which there is no such link. By stating such a link is to either troll or to say that if apple give a one year warranty then their products will fail within 3 years (OP device failed after 3 years).

    Products can fail within warranty and outside warranty or never fail at all.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    edited 21 November 2017 at 8:57AM
    I thought you weren't encouraging legal action? Barking on about "consumer law" and expecting a magic wand to resolve the issue would be no answer without it. Quoting the relevant statement from the Which consumer website - not always the best to rely on in any case - whilst ignoring the first part ofyour own quote shines a light on your fixation of the world as you would like it to be. Not only would the OP have to prove the fault but that it was present at the point of sale - in which case it wouldn't have lasted twelve months, that alone 72.

    As a supplier I wouldn't accept such an argument and I doubt a court would either. I only go to court when I have a watertight case - and don't when I am on shaky ground. In this case, the ground has already half collapsed.
  • System
    System Posts: 178,374 Community Admin
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    I thought you weren't encouraging legal action? Barking on about "consumer law" and expecting a magic wand to resolve the issue would be no answer without it. Quoting the relevant statement from the Which consumer website - not always the best to rely on in any case - whilst ignoring the first part ofyour own quote shines a light on your fixation of the world as you would like it to be. Not only would the OP have to prove the fault but that it was present at the point of sale - in which case it wouldn't have lasted twelve months, that alone 72.

    As a supplier I wouldn't accept such an argument and I doubt a court would either. I only go to court when I have a watertight case - and don't when I am on shaky ground. In this case, the ground has already half collapsed.

    I’m not interested in the success or failure to prove whether a product fault is due to a manufacturing defect or user error I’m simply pointing out that there is no relationship between length of warranty and life of a product.

    If someone believes that they think the product has a defect then it’s their right under consumer law to take action that they see fit to take. If they win they win if they lose they lose.

    If length of warranty was linked to life of a product then the legal framework would reflect that but it does not because there is no such link and for people to imply that is talking bs or trolling.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • The legal framework covers everything but the particular is what we are talking about. Purely from an obvious and basic viewpoint arguing that a modern phone should last for 6 years is ludicrous. Proving an inherent fault at the point of sale 3 years later is going to prove (at the very least) an uphill struggle. The OP needs sensible advice so in my view pursuing it based on consumer legislation is liable to prove fruitless, time consuming and a waste of money.
  • System
    System Posts: 178,374 Community Admin
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    The legal framework covers everything but the particular is what we are talking about. Purely from an obvious and basic viewpoint arguing that a modern phone should last for 6 years is ludicrous. Proving an inherent fault at the point of sale 3 years later is going to prove (at the very least) an uphill struggle. The OP needs sensible advice so in my view pursuing it based on consumer legislation is liable to prove fruitless, time consuming and a waste of money.

    You may well be right that its fruitless cause and yes its helpful to be given sensible advice. The sensible advice that has been given so far has been

    1. Go into apple store and have a nice chat and see what happens.
    2. Independent report.
    3. refer to consumer law.

    They can do one, two or all three or something else its their choice at the end of the day.

    Time, money, and principles are not the same for everyone.

    I know you only want to see what you want to see but just to repeat myself for the umpteen time. All my posts go back to post #6 and this pointless , unhelpful comment which for some reason you seem to think is a sensible and helpful comment because your still trying to debate me :)
    As Apple only offer a 1 year warranty on their handsets it should give you some idea of how long they expect their handsets to last!

    I am not debating the legal chances of the OP case or telling them to do it or not do it. They have decided to goto the apple store themselves before anyone replied with advice and all I said is be nice and gave them a link to a site which is not saying yes or no and read the info which costs nothing :rotfl:
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • PHK
    PHK Posts: 2,422 Forumite
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    john22 wrote: »
    I’m not interested in the success or failure to prove whether a product fault is due to a manufacturing defect or user error I’m simply pointing out that there is no relationship between length of warranty and life of a product.

    If someone believes that they think the product has a defect then it’s their right under consumer law to take action that they see fit to take. If they win they win if they lose they lose.

    If length of warranty was linked to life of a product then the legal framework would reflect that but it does not because there is no such link and for people to imply that is talking bs or trolling.

    You're still missing the point. Statements like "A company giving one year or 2 year warranty is not relevant under UK consumer law as that is up to 6 years in England and wales and 5 years in Scotland." are incorrect. A consumer has up to 6 years to bring a claim that the product is inherently faulty (a fault due to something wrong at point of sale). They would also need to show that the product could reasonably be expected to last that length of time (is durable)

    As you imply, there ARE many factors that determine what is reasonable. If you have two products of equivalent cost, one manufacturer offers a one year warranty and another offers a two year guarantee. Which do you think sets the expectation that the product will last longer?
  • System
    System Posts: 178,374 Community Admin
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    PHK wrote: »
    You're still missing the point. Statements like "A company giving one year or 2 year warranty is not relevant under UK consumer law as that is up to 6 years in England and wales and 5 years in Scotland." are incorrect. A consumer has up to 6 years to bring a claim that the product is inherently faulty (a fault due to something wrong at point of sale). They would also need to show that the product could reasonably be expected to last that length of time (is durable)

    As you imply, there ARE many factors that determine what is reasonable. If you have two products of equivalent cost, one manufacturer offers a one year warranty and another offers a two year guarantee. Which do you think sets the expectation that the product will last longer?

    None as it means nothing as its just what the company offer. As I have said before there is no link between length of warranty and life of product.

    A company can give whatever manufacturing warranty they want and most if not all give between 1 to 2 years (except automobiles and other things i can't think of the top of my head :) )

    I have no idea what the official life of a iPhone is or my kettle that I have had for 8 years or the microwave that broke 8 months later.

    When I buy iPhones i don't go "well they only give me a 1 year warranty so my phone is going to break in 3 years"

    When I bought my microwave I don't go "well they only give 2 year warranty so my microwave is going to break in 8 months"

    I base my buying habits on how good the product actually is and past history of the company and how good their customer service and support is.

    When I have had issues in the past of faulty goods I get myself informed on UK consumer law but first I talk to the company and be polite and touch wood at no time have I had to enforce my rights and the companies resolved the issues.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • pmduk
    pmduk Posts: 10,683 Forumite
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    john22 wrote: »

    A company can give whatever manufacturing warranty they want and most if not all give between 1 to 2 years (except automobiles and other things i can't think of the top of my head :) )

    I made my judgement on the fact that the most expensive manufacturer in the market will stand by its products for the shortest term. Continue to call me a troll as much as you like - regular users know I put myself put out to help posters on here- but Apple's behaviour, as the most expensive company in the market with the shortest warranty needs highlighting.
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