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Consumer Law

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HG77HG77 Forumite
4 posts
First Post
I’m just looking for some advice please.

I purchased an iPhone XS Max from a gentleman about a month ago - it is now 3 weeks outside of 1 year warranty and has developed a fault (despite the phone being immaculate and in no way damaged). Apple have told me to speak to the original retailer to get them to do a free repair under consumer law.

I cannot find the details for the person who sold it to me, however I know he purchased it from Carphone Warehouse. I’ve spoken to them and they said I need to get an Apple Genius Bar report stating that there is an inherent fault with the phone. That’s all fine, but when I told Carphone Warehouse I wasn’t the original purchaser they basically said they couldn’t help any further.

My question therefore is - under Consumer Law, do I hold any rights with Carphone Warehouse as the original seller of the phone, or does the fact I’ve purchased from an individual (who themselves had purchased it from Carphone Warehouse) mean I have no rights with Carphone Warehouse?

Any insight would be very helpful and much appreciated.



  • JJ_EganJJ_Egan Forumite
    16.1K posts
    Tenth Anniversary 10,000 Posts Name Dropper
    Its the original purchaser that holds CR rights , likewise with any warranty . Though some will allow transfer of warranty if registered .
  • pphillipspphillips Forumite
    1.2K posts
    1,000 Posts Fourth Anniversary Name Dropper
    The gentleman bought the phone for his own benefit, your privity of contract is with him and him alone.
  • HG77HG77 Forumite
    4 posts
    First Post
    Thanks, looks like I might have to pay.

    Carphone Warehouse are happy to do the repair for free and acknowledge the phone is from them - but unless the original owner gives permission for myself to act on his behalf in essence, then it’s not happening.
  • edited 28 June at 12:16PM
    neilmclneilmcl Forumite
    15.8K posts
    Tenth Anniversary 10,000 Posts Name Dropper
    edited 28 June at 12:16PM
    As mentioned you have no consumer rights as regard this phone as you were never the consumer. There is no contract between yourself and CPW.
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