EU legacy 2 year consumer rights cover

Straightbat

Manxman the CRA link was very helpful thank you.  Currys seem to be taking me seriously for an "out of warranty claim" but I have to hear back from them now they have taken all the details.  They took the serial number and my Apple ID username so I think they may tie them up with any records at Apple of the diagnosis they gave me.  BUT not knowing I had more than a year ( I'm sure Martin Lewis doesn't say much about this and I checked his website and couldn't find anything) I had already handed my ipad into a repair shop for repair, and now I have to wait and see whether they've got as far as opening it up: and if they have, whether in the event of any redress Currys will want it back!

powerful_Rogue

Straightbat said:

powerful thanks... I couldn't find the first post I thought I must have done something wrong when posting!

I note your link to ML's comments (I haven't clicked on it yet although I will, but I think I've grasped the issues now) but it seems this aspect of consumer protection needs to be highlighted more upfront on his site.  

Not really. The article from Martin Lewis is 12 years old and all consumer rights are mentioned in his upto date guidance, the same as many other sites. This question might come up once every 18 months.  We have far better consumer protection in the UK then the vast majority of countries.

powerful_Rogue

Straightbat said:

Manxman the CRA link was very helpful thank you.  Currys seem to be taking me seriously for an "out of warranty claim" but I have to hear back from them now they have taken all the details.  They took the serial number and my Apple ID username so I think they may tie them up with any records at Apple of the diagnosis they gave me.  BUT not knowing I had more than a year ( I'm sure Martin Lewis doesn't say much about this and I checked his website and couldn't find anything) I had already handed my ipad into a repair shop for repair, and now I have to wait and see whether they've got as far as opening it up: and if they have, whether in the event of any redress Currys will want it back!

You might have missed this ship. In the event of any redress from Currys, they will want the iPad back, whether it's to repair, replace of refund.

Manxman_in_exile

@Straightbat -  so who have you given your iPad to for repair?  Apple or an independent repair shop?

Unfortunately, unless you are actually getting it repaired for free under some warranty you have, you've probably gone about this the wrong way.

If there was no current warranty in place when it became faulty, you should have gone back to the retailer - Currys - and told them that you were claiming against them under your statutory consumer rights under the 2015 Act.  Assuming it was more than 6 months but less then two years after purchase, you would have had to provide some sort of evidence that the fault (or the cause of the fault) must have been present or latent when you bought it.  To do this you would probably need some sort of independent technical report from an engineer saying that the fault was more likely than not present when you bought it.

If you've already handed it over to an independent repair shop to fix, Currys are probably entitled to wash their hands of it.

Usually the first course of action with faulty goods is to use your statutory consumer rights and to approach the retailer as that is who you have consumer rights against.  You really only want to go to the manufacturer if they've given you a warranty which is more favourable than your consumer rights, or if the retailer asks you to send it to the manufacturer in furtherance of a consumer rights claim.

Edit1:  To be fair to MSE, it is covered here  Consumer rights & protection: get money back - MSE (moneysavingexpert.com)

Edit2:  Did somebody in an Apple store mention this 2 year EU thing to you?  I seem to recall this happening before with Apple.  I don't think their staff understand the law as well as they might think they do...

powerful_Rogue

Manxman_in_exile said:

@Straightbat -  so who have you given your iPad to for repair?  Apple or an independent repair shop?

Unfortunately, unless you are actually getting it repaired for free under some warranty you have, you've probably gone about this the wrong way.

If there was no current warranty in place when it became faulty, you should have gone back to the retailer - Currys - and told them that you were claiming against them under your statutory consumer rights under the 2015 Act.  Assuming it was more than 6 months but less then two years after purchase, you would have had to provide some sort of evidence that the fault (or the cause of the fault) must have been present or latent when you bought it.  To do this you would probably need some sort of independent technical report from an engineer saying that the fault was more likely than not present when you bought it.

If you've already handed it over to an independent repair shop to fix, Currys are probably entitled to wash their hands of it.

Usually the first course of action with faulty goods is to use your statutory consumer rights and to approach the retailer as that is who you have consumer rights against.  You really only want to go to the manufacturer if they've given you a warranty which is more favourable than your consumer rights, or if the retailer asks you to send it to the manufacturer in furtherance of a consumer rights claim.

Why less then two years?

Manxman_in_exile

powerful_Rogue said:

Manxman_in_exile said:

@Straightbat -  so who have you given your iPad to for repair?  Apple or an independent repair shop?

Unfortunately, unless you are actually getting it repaired for free under some warranty you have, you've probably gone about this the wrong way.

If there was no current warranty in place when it became faulty, you should have gone back to the retailer - Currys - and told them that you were claiming against them under your statutory consumer rights under the 2015 Act.  Assuming it was more than 6 months but less then two years after purchase, you would have had to provide some sort of evidence that the fault (or the cause of the fault) must have been present or latent when you bought it.  To do this you would probably need some sort of independent technical report from an engineer saying that the fault was more likely than not present when you bought it.

If you've already handed it over to an independent repair shop to fix, Currys are probably entitled to wash their hands of it.

Usually the first course of action with faulty goods is to use your statutory consumer rights and to approach the retailer as that is who you have consumer rights against.  You really only want to go to the manufacturer if they've given you a warranty which is more favourable than your consumer rights, or if the retailer asks you to send it to the manufacturer in furtherance of a consumer rights claim.

Why less then two years?

I assume it's less than two years because the OP is asking about "EU 2 year consumer rights".  If he'd bought it more than two years ago the question would seem pretty pointless?

EDIT:  Sorry - just realised what you meant.  Yes - my reference to less than two years is redundant

powerful_Rogue

Manxman_in_exile said:

powerful_Rogue said:

Manxman_in_exile said:

@Straightbat -  so who have you given your iPad to for repair?  Apple or an independent repair shop?

Unfortunately, unless you are actually getting it repaired for free under some warranty you have, you've probably gone about this the wrong way.

If there was no current warranty in place when it became faulty, you should have gone back to the retailer - Currys - and told them that you were claiming against them under your statutory consumer rights under the 2015 Act.  Assuming it was more than 6 months but less then two years after purchase, you would have had to provide some sort of evidence that the fault (or the cause of the fault) must have been present or latent when you bought it.  To do this you would probably need some sort of independent technical report from an engineer saying that the fault was more likely than not present when you bought it.

If you've already handed it over to an independent repair shop to fix, Currys are probably entitled to wash their hands of it.

Usually the first course of action with faulty goods is to use your statutory consumer rights and to approach the retailer as that is who you have consumer rights against.  You really only want to go to the manufacturer if they've given you a warranty which is more favourable than your consumer rights, or if the retailer asks you to send it to the manufacturer in furtherance of a consumer rights claim.

Why less then two years?

I assume it's less than two years because the OP is asking about "EU 2 year consumer rights".  If he'd bought it more than two years ago the question would seem pretty pointless?

Assuming it was more than 6 months but less then six years after purchase - That would have made more sense, otherwise makes it sound like you only have those consumer rights between 6 months and two years.

Manxman_in_exile

powerful_Rogue said:

Manxman_in_exile said:

powerful_Rogue said:

Manxman_in_exile said:

@Straightbat -  so who have you given your iPad to for repair?  Apple or an independent repair shop?

Unfortunately, unless you are actually getting it repaired for free under some warranty you have, you've probably gone about this the wrong way.

If there was no current warranty in place when it became faulty, you should have gone back to the retailer - Currys - and told them that you were claiming against them under your statutory consumer rights under the 2015 Act.  Assuming it was more than 6 months but less then two years after purchase, you would have had to provide some sort of evidence that the fault (or the cause of the fault) must have been present or latent when you bought it.  To do this you would probably need some sort of independent technical report from an engineer saying that the fault was more likely than not present when you bought it.

If you've already handed it over to an independent repair shop to fix, Currys are probably entitled to wash their hands of it.

Usually the first course of action with faulty goods is to use your statutory consumer rights and to approach the retailer as that is who you have consumer rights against.  You really only want to go to the manufacturer if they've given you a warranty which is more favourable than your consumer rights, or if the retailer asks you to send it to the manufacturer in furtherance of a consumer rights claim.

Why less then two years?

I assume it's less than two years because the OP is asking about "EU 2 year consumer rights".  If he'd bought it more than two years ago the question would seem pretty pointless?

Assuming it was more than 6 months but less then six years after purchase - That would have made more sense, otherwise makes it sound like you only have those consumer rights between 6 months and two years.

I think I had adequately explained the 6 year limitation in my earlier post at 3:28pm?  My later post is trying to expand on that earlier one in the light of additional info from the OP.

But I agree it would have been clearer in the second post if I'd just said "more than 6 months" and omitted the "less than two years" reference which was unnecessary and a bit confusing in the circumstances.

Straightbat

Update and first thanks to all.  

It was an independent repair shop that told me about the EU 2 year cover malarkey.  Fortunately researching it led me to this site, the fount of all knowledge.  

I contacted the repair shop who had reckoned it was a common fault which would probably be repaired for £75 when they sent it off to confirm diagnosis and fix.  But in the nick of time after I got back to them they retrieved it just as it had been "heated up" ready to be opened. 

I have now had Currys response too, who sent me a letter specifying that they required the diagnostic report as described by a poster earlier in this thread (thank you).  I was pleasantly surprised at how readily apple are willing to provide these reports exactly as required by Currys, having run their own diagnostics first (which they had done before I took it to the repair shop).  So now I have the necessary documentation as requested by Curry's so that they can "look to provide a contribution towards a repair or replacement".

I just need to check what my rights are for the extent of the remedy - whether just a "contribution" is legal and how much it should be.

powerful_Rogue

Straightbat said:

Update and first thanks to all.  

It was an independent repair shop that told me about the EU 2 year cover malarkey.  Fortunately researching it led me to this site, the fount of all knowledge.  

I contacted the repair shop who had reckoned it was a common fault which would probably be repaired for £75 when they sent it off to confirm diagnosis and fix.  But in the nick of time after I got back to them they retrieved it just as it had been "heated up" ready to be opened. 

I have now had Currys response too, who sent me a letter specifying that they required the diagnostic report as described by a poster earlier in this thread (thank you).  I was pleasantly surprised at how readily apple are willing to provide these reports exactly as required by Currys, having run their own diagnostics first (which they had done before I took it to the repair shop).  So now I have the necessary documentation as requested by Curry's so that they can "look to provide a contribution towards a repair or replacement".

I just need to check what my rights are for the extent of the remedy - whether just a "contribution" is legal and how much it should be.

Currys will have to either repair, replace or refund. Which option they choose is upto them. If they decide to refund, they can make a deduction for the use you have had of the tablet. There is no fixed formula to working this out, however I would say you should be looking at 75%-80% if it's a year old.