Faulty Ipad after 2 years

TommyfromDarlington

Hello, please could anyone help.

We have an Ipad which has gone faulty after 2 years.   I have a written report from the Apple Store confirming that it cannot be repaired.  The high street retailer has accepted this report but will only give a refund of £150 based on the fact that we've had 2 years of use out of it.   My argument is that an Ipad should reasonably last a lot longer than 2 years and is therefore unfit for purpose and should therefore either be repaired, replaced or refunded in full but they will not budge.

I'm not sure whether consumer law allows for a "fair use" reduction to be applied to a refund and if so how this is calculated.  Does the retailer get to decide how long the Ipad should last?   

Is this £150 offer reasonable and should I just accept the offer or take it further (if so how)?    I would obviously have to fork out £400 in total for a new one which is annoying.

Any advice much appreciated.

born_again

Yes they can deduct for use.
Is £150 fair?
Well that is going to depend on how much you paid 2 years ago?

Sandtree

Is it 2 years on the nose or 2 years 4 months or?

How much did you pay for it?

CRA does allow them to reduce the value for use but doesn't give a method of calculating that... if its exactly 2 years and it was a £300 basic iPad then a 50% refund feels a bit low but not terrible... I'd have thought more £180  but again if its actually over 2 years that number would reduce.

TommyfromDarlington

It cost £400 and it's just under 2 years old.  

I would probably argue that an Ipad should really last 5 years and therefore it would be reasonable to deduct 40% but no more so the compensation ought to be nearer £240.   I guess I would have to go to court to pursue it which seems a bit pedantic for the sake of £100.

Thanks for your replies.   

Sandtree

TommyfromDarlington said:

I would probably argue that an Ipad should really last 5 years and therefore it would be reasonable to deduct 40% but no more so the compensation ought to be nearer £240.   I guess I would have to go to court to pursue it which seems a bit pedantic for the sake of £100. 

Jumping straight to court is missing the negotiation stage... personally would be asking how they've calculated it so you know where the gaps are (and if they've made any mistakes)

Gavin83

Does the report from the Apple store state it can’t be repaired or that it was an inherent fault present at the time of purchase? Ultimately the retailer doesn’t have to accept the first and therefore they can effectively offer what they want at the moment or offer you nothing at all.

However they can reduce for usage. I’d suggest the reduction is a bit much though and I’d push for more.

lisyloo

Agree with the others.
It’s a low ball offer because a % of people will be relieved and accept.
ask some questions like how did they calculate it?
state what you want and your rationale for it e.g. 2/5 years is 40% and I think you’re in with a chance of getting a better offer.

user1977

What you should have is a two year old, used (but working) iPad of the same spec - so how much would one of those be worth?

TommyfromDarlington

Thanks for all your replies.

Yes I’ve already done much the same as you all suggest and they won’t share their workings.  They’ve said their offer won’t be increased but I guess I can use the 40% argument on the basis of 2 years use out of 5 being reasonable “fair use”.  Therefore they ought to be offering around £230.  

if they refuse then it’s basically letter before action time as I won’t really have anywhere else to go to pursue it.  The trouble is we are only about £80 apart so it probably isn’t really worth it unless I do it as a point of principle 

lisyloo

I can share their calculation formula with you 
They will set their offer at this point
“………so it probably isn’t really worth it”

can you say exactly how you paid and if credit card which type I.e. MasterCard, visa or Amex? (There is a difference).
the credit card company are jointly liable so that’s a route you can go down without the costs of small claims.

TELLIT01

Is the same model and spec available on line anywhere?  That would give you a potential start point for negotiation.  Aim for about 80% of the figure being asked for such a model.  That allows for additional costs, and profit, from an online vendor.