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

mrochester

PHK wrote: »

The court wouldn't. In fact the court won't deem anything, it's up to the claimant to prove that the item should have lasted longer.

So I presume the claimant would say ‘the device cost me £x, so I believe it reasonable it should last Y number of years’, surely?

System

mrochester wrote: »

So I presume the claimant would say ‘the device cost me £x, so I believe it reasonable it should last Y number of years’, surely?

If they did say that they would have to produce some sort of evidence to back that argument up.

The best route to win a case I think would be....

1. Agree with the manufacturer on choosing a third party to carry out an independent report on the device.
2. That Independent report from the third party that would claim there was a inherent fault with the device.
3. Supporting credible evidence of the same fault happening to other people and on such scale that it warrants that the manufacturer try to fix.

You can still say of course that it’s unfair and very disappointing to spend x amount on something and only get x amount of time out of it. But the more credible supporting evidence you bring to court the better the odds.

Of course you would want to try and resolve the issue before going to court.

PHK

john22 wrote: »

If they did say that they would have to produce some sort of evidence to back that argument up.

The best route to win a case I think would be....

1. Agree with the manufacturer on choosing a third party to carry out an independent report on the device.
2. That Independent report from the third party that would claim there was a inherent fault with the device.
3. Supporting credible evidence of the same fault happening to other people and on such scale that it warrants that the manufacturer try to fix.

You can still say of course that it’s unfair and very disappointing to spend x amount on something and only get x amount of time out of it. But the more credible supporting evidence you bring to court the better the odds.

Of course you would want to try and resolve the issue before going to court.

Point 3 is irrelevant unless you're trying to prove that an iPhone is not of merchantable quality. Which is a different thing altogether.

Point one is a little incorrect, your rights are against the supplier not the manufacturer, it may be that they are one and the same as with a handset purchased directly from Apple. There is no need for agreement to be sought as long as the independent report is carried out by a qualified person of good repute.

You would still also need to show that the product would reasonably be expected to last in this case more than three years. It would help in doing this to think about what counter evidence the supplier will produce. For example, "typically, our customers upgrade after two years"; "it's lasted three times the length of the warranty"; "a mobile phone is used on a daily basis and as such is subject to wear", "our opinion is that the handset shows signs of excessive wear and accidental damage" etc etc

Finally, perhaps refer to previous decisions of a similar nature.


Some good advice here: https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other%2Bpapers/Small%2BClaims%2BGuide%2Bfor%2Bweb%2BFINAL.pdf

System

PHK wrote: »

Point 3 is irrelevant unless you're trying to prove that an iPhone is not of merchantable quality. Which is a different thing altogether.

Point one is a little incorrect, your rights are against the supplier not the manufacturer, it may be that they are one and the same as with a handset purchased directly from Apple. There is no need for agreement to be sought as long as the independent report is carried out by a qualified person of good repute.

You would still also need to show that the product would reasonably be expected to last in this case more than three years. It would help in doing this to think about what counter evidence the supplier will produce. For example, "typically, our customers upgrade after two years"; "it's lasted three times the length of the warranty"; "a mobile phone is used on a daily basis and as such is subject to wear", "our opinion is that the handset shows signs of excessive wear and accidental damage" etc etc

Finally, perhaps refer to previous decisions of a similar nature.


Some good advice here: https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other%2Bpapers/Small%2BClaims%2BGuide%2Bfor%2Bweb%2BFINAL.pdf

All makes sense!

I guess all the various background circumstances that got you to court would have a bearing on how you would proceed in winning your argument in court.