Faulty Apple Repair - Am I covered?

Alderbank

JD2018 said:

Apple...claim that repairs are not covered by consumer law and parts and components do not count either.

Good!
If that is the basis of their defence they will lose.

I hope all goes smoothly with your Moneyclaim Online. When Apple receive your formal claim the case will be looked at by their proper legal team. It will not proceed to court.

Best wishes and please come back to tell us the outcome

JD2018

Alderbank said:

JD2018 said:

Apple...claim that repairs are not covered by consumer law and parts and components do not count either.

Good!
If that is the basis of their defence they will lose.

I hope all goes smoothly with your Moneyclaim Online. When Apple receive your formal claim the case will be looked at by their proper legal team. It will not proceed to court.

Best wishes and please come back to tell us the outcome

Had a slight issue with Moneyclaim Online - I made the payment earlier in the week, when I went back to check the status it hadn't actually gone through. I spoke with them on the phone and did eventually get it submitted though - just worth double checking even if the money has come out from your account that the claim has infact been submitted! 

JD2018

I have received a rather lengthty response from Apple which i'll have a read through in detail this evening - but any immediate advice is appreciated! 

Will go to mediation. But they have rejected the claim. 

JD2018

2 Clear mistakes I've made here are 

- Wrong Defendant 
- Claim in wrong jurisdiction 

One issue I see is proving that the Display was faulty at the point of purchase. 

Manxman_in_exile

It can be difficult to pick up the full meaning of a defence without knowing what you claimed - and who you claimed against.

Can you post up the details of your Particulars of Claim?

(I presume you made it clear that you were claiming that the replacement/repaired screen was faulty and/or that the repair was not carried out with due skill, and not that you were claiming that the US bought 'phone was faulty?  If you made it clear what you were claiming, then you would be correct to be  claiming against Apple in the UK, not USA.)

JD2018

Manxman_in_exile said:

It can be difficult to pick up the full meaning of a defence without knowing what you claimed - and who you claimed against.

Can you post up the details of your Particulars of Claim?

(I presume you made it clear that you were claiming that the replacement/repaired screen was faulty and/or that the repair was not carried out with due skill, and not that you were claiming that the US bought 'phone was faulty?  If you made it clear what you were claiming, then you would be correct to be  claiming against Apple in the UK, not USA.)

My claim was that the screen I purchased in the UK in 2019 has become faulty / the previous repair has now failed. I'm not sure why Apple seem to have an obsession with bringing this back to a discussion around the handset. I intentionally distanced myself from discussing the handset itself in my claim. 

A replacement screen would fix the issue, it has absolutely nothing to do with the handset itself. This issue also had never occurred previously, which Apple seem to claim in their response. 



 

JD2018

Sorry to bump this - anyone with any thoughts?

Alderbank

Back in early November Sandtree said:

After 6 months the law puts the onus on you and this is normally done via an independent engineer report which considers the cause of the defect (miss use, user error, faulty component etc) and also what is a reasonable lifespan for such a object.

and I said:

Apple may dispute your claim so you will need a document from an independent repairer to say that the failure is due to that repair, such as faulty or wrong components fitted or lack of skill.

Apple's defence now is that your claim is more than 2 years since the repair and the fault is due to your misuse. You should have included that independent report as evidence of your claim. 

sheramber

From what I read the first screen was damaged by owner misuse, so you paid for repair.

That screen has now failed. Apple are saying either it is caused by that user misuse again  (as it is the same fault,)  or it is caused by a fault in the handset.
They are claiming there is no fault with the screen itself.

JD2018

sheramber said:

From what I read the first screen was damaged by owner misuse, so you paid for repair.

That screen has now failed. Apple are saying either it is caused by that user misuse again  (as it is the same fault,)  or it is caused by a fault in the handset.
They are claiming there is no fault with the screen itself.

The Apple Store told me that the fault is with sensors under the display - a replacement display would resolve this issue.