Faulty Apple Repair - Am I covered?

Alderbank

JD2018 said:

The problem is that they’re saying that the Consumer Rights Act does not apply. They have already agreed that the part is faulty but they will not replace it as it is outside of warranty and the CRA does not apply because the handset was purchased in the US. 

I agree this seems completely incorrect by the way but not sure where I go from here. 

Apple seem to think that your screen was repaired under a limited time warranty which to be fair  is quite often the case. UK law would then see consumer rights liability resting with the seller who is in the US
However your repair is a UK transaction entirely remote from the purchase. You took your device for repair to a company in the UK where you entered into a contract with them by paying for a service and that service is covered by CRA. It doesn't matter what they believe or what they say. They can't take away your statutory rights.

To answer your question, where you go from here is to moneyclaimonline. You need to go through protocols including LBA, which you will find elsewhere on this site. If Apple present the defence they gave to you they will lose.

jonesey1985

Alderbank said:

JD2018 said:

The problem is that they’re saying that the Consumer Rights Act does not apply. They have already agreed that the part is faulty but they will not replace it as it is outside of warranty and the CRA does not apply because the handset was purchased in the US. 

I agree this seems completely incorrect by the way but not sure where I go from here. 

Apple seem to think that your screen was repaired under a limited time warranty which to be fair  is quite often the case. UK law would then see consumer rights liability resting with the seller who is in the US
However your repair is a UK transaction entirely remote from the purchase. You took your device for repair to a company in the UK where you entered into a contract with them by paying for a service and that service is covered by CRA. It doesn't matter what they believe or what they say. They can't take away your statutory rights.

To answer your question, where you go from here is to moneyclaimonline. You need to go through protocols including LBA, which you will find elsewhere on this site. If Apple present the defence they gave to you they will lose.

Which is unlikely to matter as Apple UK is based in Ireland so any judgement in the UK courts is going to be difficult (and costly) to enforce.

Alderbank

jonesey1985 said:

Alderbank said:

JD2018 said:

The problem is that they’re saying that the Consumer Rights Act does not apply. They have already agreed that the part is faulty but they will not replace it as it is outside of warranty and the CRA does not apply because the handset was purchased in the US. 

I agree this seems completely incorrect by the way but not sure where I go from here. 

Apple seem to think that your screen was repaired under a limited time warranty which to be fair  is quite often the case. UK law would then see consumer rights liability resting with the seller who is in the US
However your repair is a UK transaction entirely remote from the purchase. You took your device for repair to a company in the UK where you entered into a contract with them by paying for a service and that service is covered by CRA. It doesn't matter what they believe or what they say. They can't take away your statutory rights.

To answer your question, where you go from here is to moneyclaimonline. You need to go through protocols including LBA, which you will find elsewhere on this site. If Apple present the defence they gave to you they will lose.

Which is unlikely to matter as Apple UK is based in Ireland so any judgement in the UK courts is going to be difficult (and costly) to enforce.

It is true that Apple have an office in Cork. But this is unlikely to matter as OP says 'I have a receipt in front of me from an apple store in the UK '
Apple stores and repair shops (Genius bars) in the UK are part of Apple Retail UK Ltd., 6 St Andrew Street, London, EC4A

jonesey1985

Alderbank said:

jonesey1985 said:

Alderbank said:

JD2018 said:

The problem is that they’re saying that the Consumer Rights Act does not apply. They have already agreed that the part is faulty but they will not replace it as it is outside of warranty and the CRA does not apply because the handset was purchased in the US. 

I agree this seems completely incorrect by the way but not sure where I go from here. 

Apple seem to think that your screen was repaired under a limited time warranty which to be fair  is quite often the case. UK law would then see consumer rights liability resting with the seller who is in the US
However your repair is a UK transaction entirely remote from the purchase. You took your device for repair to a company in the UK where you entered into a contract with them by paying for a service and that service is covered by CRA. It doesn't matter what they believe or what they say. They can't take away your statutory rights.

To answer your question, where you go from here is to moneyclaimonline. You need to go through protocols including LBA, which you will find elsewhere on this site. If Apple present the defence they gave to you they will lose.

Which is unlikely to matter as Apple UK is based in Ireland so any judgement in the UK courts is going to be difficult (and costly) to enforce.

It is true that Apple have an office in Cork. But this is unlikely to matter as OP says 'I have a receipt in front of me from an apple store in the UK '
Apple stores and repair shops (Genius bars) in the UK are part of Apple Retail UK Ltd., 6 St Andrew Street, London, EC4A

That doesn't mean they're the contracting entity.

JD2018

The contract I entered was with a UK based company. 

JD2018

Completed the form on Government website - Gave the address for Apple as 100 New Bridge Street and my claim is against Apple UK Ltd. 

JD2018

I live in Northern Ireland and think the process may be different - is it worth looking at a way of going through Mediation for this. I just want to get the problem resolved, it's incredibly frustrating. 

DCFC79

JD2018 said:

I live in Northern Ireland and think the process may be different - is it worth looking at a way of going through Mediation for this. I just want to get the problem resolved, it's incredibly frustrating. 

No harm in trying that route.

JD2018

I just got off the phone with Apple - once again. Giving them the chance to set this straight. 

They claim that repairs are not covered by consumer law and parts and components do not count either and still insist as the handset was purchased in the USA they will not help. My repair was covered under 90 day warranty and not covered by consumer law either. 

I just wanted to give them one last opportunity to resolve this, but a claim has now been filed using Money Claim online. 

JD2018

I have received a written response this time 

-----

Dear ****, We have thoroughly reviewed your case and find that your product is ineligible for a consumer law claim. National laws implementing the EU Directive on alternative dispute resolution for consumer disputes require us to inform you about alternative dispute resolution (ADR) and whether we intend to make use of ADR to settle the dispute. The relevant ADR for your country or region] is listed below. United Kingdom: https://www.ombudsman-services.org/consumer-ombudsman-redirect Apple is not required and does not intend to engage in alternative dispute resolution. Kind regards, Karen