iPhone 7 - Consumer Rights

neilmcl

MEM62 wrote: »

Your phone is out of warranty as Apple only guarantee it for 12 months. Unless EE offered you some kind of enhanced warranty scheme (and it is unlikely that your airtime provider will offer any guarantee period that exceeds that offered by the phone's manufacturer) I cannot see what recourse you would expect.

The recourse that's open to him under their statutory consumer rights!

neilmcl

takman wrote: »

But who decides how long the phone should last and that it isn't durable. I'm not saying either of you are wrong i just haven't seen any cases where someone has got a refund simple because the item didn't last long enough (without any proof of an inherent fault).

In law it follows the reasonable person test, ie, what a reasonable person would expect the life expectancy of an item to be. A reasonable person would not expect an Iphone to break on it's own after only 18 months.

Again, on the balance of probabilities there is sufficient "proof" that the fault is inherent in the absence of anything the user has done.

shaun_from_Africa

MEM62 wrote: »

I cannot see what recourse you would expect.

A suitable recourse as provided by the Consumer rights act.

pmduk wrote: »

You'll never get Apple to confirm in writing that the expected life of an iPhone battery is more than 12 months.

But the OP stated that the main logic board is broken.
Even if the battery was faulty, it shouldn't have caused this.

takman wrote: »

But who decides how long the phone should last and that it isn't durable.

Ultimately it would probably come down to a judge but I can't see any sensible person agreeing that a suitable life for a phone that probably cost in excess of £500 is only 18 months.

unholyangel

OP, contact EE - its them your contract is with (well unless you got a sim only deal from them and purchased the phone from CPW separately).

its_all_over

Bakes1295 wrote: »

Hi All,

I have an iPhone 7 which is 18 months old. It is currently in contract with EE. On saturday, it just stopped working completely. I took it back to Apple who tested it and said the ‘logic board’ had broken and no one would be able to repair the phone, it would only be a replacement. I have gone back to carphone warehouse who are not interested in helping at all. Apple have written a report for me that says the following: ‘this fault is not through any fault of the user and is a hardware issue. It appears to have been getting worse over a period of time due to battery performance. The user has done nothing wrong to affect this’.

Where do I stand with this? Carphone are completely uninterested in helping and said all I can do is pay off my contract and get a new phone or just buy a new one outright. Any help would be great! Thanks everyone

I think whoever you bought the phone from is reaponsible, if they won't help you then you would have to consider taking them to the small claim court. You would need to send a letter to the head office of whoever you bought the phone from and tell them if they won't fix your phone then you will be taking them to court. I think the letter is called a letter before action so if you google that or search on the forum you should find more information on what to say in the letter.

robatwork

As a matter of interest (and someone who has a 2 year old iphone6+ suffering from a "known problem" https://www.apple.com/uk/support/iphone6plus-multitouch/ )

has the question of smartphone durability been tested in court?

I would argue a phone with a £700 new value should last more than 2.5 years with normal usage, and the above is a design flaw. Are there any test cases?

The OP is certainly on stronger ground than me to argue non-conformance given Apple are only admitting to my issue if the phone has been mistreated.

unholyangel

robatwork wrote: »

As a matter of interest (and someone who has a 2 year old iphone6+ suffering from a "known problem" https://www.apple.com/uk/support/iphone6plus-multitouch/ )

has the question of smartphone durability been tested in court?

I would argue a phone with a £700 new value should last more than 2.5 years with normal usage, and the above is a design flaw. Are there any test cases?

The OP is certainly on stronger ground than me to argue non-conformance given Apple are only admitting to my issue if the phone has been mistreated.

Its well below the small claims limit so if the point has been tested, the decision won't be binding.

Bakes1295

Hi All, thanks for your responses. Apple have confirmed that if they were the retailer they would be replacing this phone under consumer law, however Carphone Warehouse is the retailer. Additionally, I know some have mentioned about Durability and the subjective ness of what time is reasonable. The phone was sold on a 24 month contract so one would assume it would be reasonable for the phone to last the length of the contract?

unholyangel

Bakes1295 wrote: »

Hi All, thanks for your responses. Apple have confirmed that if they were the retailer they would be replacing this phone under consumer law, however Carphone Warehouse is the retailer. Additionally, I know some have mentioned about Durability and the subjective ness of what time is reasonable. The phone was sold on a 24 month contract so one would assume it would be reasonable for the phone to last the length of the contract?

So you purchased the phone separately from the sim?

Bakes1295

Hi, no the phone was purchased at carphone Warehouse in conjunction with a 24 month contract. So a normal pay monthly contract with carphone Warehouse (not sim only)