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Broken iPhone and Consumer Rights
Hello everyone!:wave:
Just a quick question regarding my statutory rights under consumer law, if anyone can provide additional advice...?
I purchased an iPhone X in November 2017, meaning it is just 5 months outside it’s 1 year manufacturers warranty, however it recently became apparent that internal microphones on certain applications had failed to work, specifically on phone calls, which was my primary reason for purchasing it, along with the video/camera app and I initially contacted Apple who carried out a diagnostic of the phone and confirmed that there was an internal hardware fault, that was not due to fair wear and tear, and that would be covered if I were to make a claim, citing the Consumer Rights Act 2015, as the handset no longer conforms with the contract of sale, specifically, that under said law I should expect goods not to fail prematurely and 15 months for a high-end, £1,000 phone is certainly premature. Apple advised that I should return the handset to the place of purchase and request that the repairs take place there, as my statutory rights are with the Carphone Warehouse, who sold the goods to me, and the guarantee offered by the manufacturer (1 year) is in addition to such rights.
When I visited the store and explained the situation, I was told by the Store Manager at first that repairs under the Consumer Rights Act 2015 is not a service that CPW offer?? After explaining that this was a statutory right protected by Consumer Law, he phoned the Customer Service team and they basically said to him that they wouldn’t consider repairing the phone and ultimately refused to talk to me. I eventually spoke with their Repair Centre in Preston, who told me that consumer law only applies if I can prove that the fault was apparent within the first 6 months from purchase and the onus was on me to provide the burden of proof. I explained that this was not entirely true, as I was under the impression that the Consumer Rights Act 2015 protected a consumer from premature failure that is not due to fair wear and tear and that a diagnosed internal hardware fault should be covered. He initially said that he would be happy to carry out his own diagnostic, and that although it would have to be booked in as a chargeable repair, if the outcome proved that it was an internal fault then there would be no charge. After agreeing to this, I was then advised that they could only send the phone off for repair if I had the full diagnostic report from Apple, which I didn’t have to hand; but also that if I sent the phone off and they felt it was a chargeable repair, I could be charged hundreds and hundreds of pounds, and that they would keep the phone until I paid it!? Bullying tactics of the highest order and very intimidating!
Could anyone advise where I stand on this issue and how I should proceed?
Thank you in advance for any and all advice and assistance! :T
Just a quick question regarding my statutory rights under consumer law, if anyone can provide additional advice...?
I purchased an iPhone X in November 2017, meaning it is just 5 months outside it’s 1 year manufacturers warranty, however it recently became apparent that internal microphones on certain applications had failed to work, specifically on phone calls, which was my primary reason for purchasing it, along with the video/camera app and I initially contacted Apple who carried out a diagnostic of the phone and confirmed that there was an internal hardware fault, that was not due to fair wear and tear, and that would be covered if I were to make a claim, citing the Consumer Rights Act 2015, as the handset no longer conforms with the contract of sale, specifically, that under said law I should expect goods not to fail prematurely and 15 months for a high-end, £1,000 phone is certainly premature. Apple advised that I should return the handset to the place of purchase and request that the repairs take place there, as my statutory rights are with the Carphone Warehouse, who sold the goods to me, and the guarantee offered by the manufacturer (1 year) is in addition to such rights.
When I visited the store and explained the situation, I was told by the Store Manager at first that repairs under the Consumer Rights Act 2015 is not a service that CPW offer?? After explaining that this was a statutory right protected by Consumer Law, he phoned the Customer Service team and they basically said to him that they wouldn’t consider repairing the phone and ultimately refused to talk to me. I eventually spoke with their Repair Centre in Preston, who told me that consumer law only applies if I can prove that the fault was apparent within the first 6 months from purchase and the onus was on me to provide the burden of proof. I explained that this was not entirely true, as I was under the impression that the Consumer Rights Act 2015 protected a consumer from premature failure that is not due to fair wear and tear and that a diagnosed internal hardware fault should be covered. He initially said that he would be happy to carry out his own diagnostic, and that although it would have to be booked in as a chargeable repair, if the outcome proved that it was an internal fault then there would be no charge. After agreeing to this, I was then advised that they could only send the phone off for repair if I had the full diagnostic report from Apple, which I didn’t have to hand; but also that if I sent the phone off and they felt it was a chargeable repair, I could be charged hundreds and hundreds of pounds, and that they would keep the phone until I paid it!? Bullying tactics of the highest order and very intimidating!
Could anyone advise where I stand on this issue and how I should proceed?
Thank you in advance for any and all advice and assistance! :T
0
Comments
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Cut out cpw , book in to an apple shop genius barEx forum ambassador
Long term forum member0 -
Hi!
I have spoken with Apple throughout who advise that any repairs carried out by them would be chargeable as it is out of manufacturers warranty and my claim is with the reseller?! Is that correct?0 -
Yes, your contract is with Carphone Warehouse, not Apple. See this guide:and my claim is with the reseller?! Is that correct?
https://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange/0 -
Go back to CPW with the Apple report. The Apple report show that the fault is nothing to do with you. Get CPW to fix the phone under their obligations under the consumer rights act. CPW are correct that if the fault is a chargeable repair they will bill you but they are trying to fob you off so they don't have to pay for the repair.0
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Just a quick update!
Sent an email to the CEO of CPW detailing my frustrations regarding this and just had a phone call from his office saying they will exchange the handset and apologies for how it has been dealt with so far!
Opinion changed regarding this company - great customer service!! ��0 -
John Lewis is the place to buy phones. My iPhone 7 developed a fault after 1 year and 364 days and was replaced with a reburb (as good as new, if not new).
They will price match and offer 18 months interest free credit and a 2 year warranty. CPW are related to Curry's so that says it all.0 -
Congratulations, on positive outcome. CPW have been great for me in the past & CEO personally mailed me back a few years ago.0
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