iPad broken outside of warrantee

Teezey

Hi.

Someone very kind purchased me a fancy iPad Pro (Wifi, 128GB = £589, online with a credit card) in December 2016 as a gift from John Lewis. It came with a 2-year warrantee.

In Summer 2018 it stopped turning on, just full on died. I was living abroad at the time and took it to a local repair shop who inspected it (nothing intrusive) and said it was an expensive battery issue, didn't get a report from them. When I got back to the UK in March 2019, I went to the Apple store who told me that the problem was the logic board and that it wasn't repairable. They offered an 'out of warrantee' replacement of £349 but mentioned consumer law as an avenue. All in a report.

I now realise that I should have gotten in touch when it broke during the warrantee to log the problem, it was a gift so I didn't know about the warrantee and/or consumer law at the time. Consider my lesson learnt on that point.

I went to the John Lewis, who to be fair to them were very quick at responding and always nice on the phone/via email.

My argument is that the item is in near perfect condition - no signs of mis-use, no water damage, kept in a protective case (& frankly, but not provably, not used a whole lot). The issue is a hardware fault, which to me suggests that it was an inherent fault with the unit. It's a luxury item and I understand that Apple cover this kind of fault within the time frame in question, if purchased directly. To me, this implies that the iPad hasn't lasted a 'reasonable amount of time'. Throughout the process, given Apple's report about the repairability, I was requesting a refund OR a contribution of the full amount to get a fully working iPad from Apple OR a replacement model from their stock.

After some back and forth and me pushing them quite hard on consumer law, they offered first £70, then £125 towards either a replacement from Apple or discounted off a new product from them. Their main points (eventually summarised in a requested letter of deadlock) were -

- Report from Apple doesn't specifically say that the fault is not repairable, nor does it confirm that it was an inherent fault
- Inherent fault needs to be confirmed by a professional
- Apple provide their repairs by exchange, this does not mean that the iPad could not be repaired by another repair agent
- First case of such a fault on their system
- Out of warrantee and no legal obligation to offer anything, final offer of £125 is fair.

I'm frustrated that something that cost nearly £600 can fail so quickly. I don't believe that 27 months (for the sake of argument, given lack of proof that it happened earlier) is a reasonable amount of life to expect out of a high-end tablet. I understand that Apple do not provide parts to unauthorised repair shops, so seeking a repair from a third party doesn't seem appropriate in this instance. I know that the burden of proof is on me regarding the inherent nature of the fault, which is tricky.

Do you think I have a case worth pursuing with the ombudsman? If so then is there some specific wording that I can use, examples I can bring up, general advice on how to frame the issue? I feel like the wording is quite important and I'm at a disadvantage as I have no idea what I'm doing.

Thanks in advance and apologies that this was a lot longer than I had intended. I've tried, and failed, to be succinct.

bris

Apple are quick to deny you your consumer rights when you buy from them direct then just as quick to stir the pot when you buy from someone else.
As you now know Apple however will not help you with these consumer rights the boast you have because they will never issue you with an expert report that proves an inherent fault.


Without this report you have no case to pursue, it's catch 22 because it's a very hard report to find.

JJ_Egan

Yes as above OP has no rights against the vendor .#
Forget warranty or tee .

Consumer Rights agains the vendor via an Independant report to prove your claim of (I don't believe that 27 months (for the sake of argument, given lack of proof that it happened earlier) is a reasonable amount of life to expect out of a high-end tablet)




Dont see how you can call £600 high end nor luxury .

Mr_Singleton

My current favourite reason to HATE Apple and prove what a nasty money grabbing company they are.....

https://youtu.be/LrILfIE9IB4

Hermione_Granger

bris wrote: »

Apple are quick to deny you your consumer rights when you buy from them direct

Without this report you have no case to pursue,.

Even with a report stating an inherent manufacturing defect, the OP still has no consumer rights agsinst either Apple or the seller.

Teezey wrote: »

Someone very kind purchased me a fancy iPad Pro (Wifi, 128GB = £589, online with a credit card) in December 2016 as a gift from John Lewis.

Any consumer rights rest solely with the original purchaser and not with the OP.

Teezey

Any consumer rights rest solely with the original purchaser and not with the OP.

The person who gifted the item can make an application under the act, that shouldn't be an issue.

JJ_Egan

Do that then as said vendor is more than likely to ask for an independant report re your claims .