Mobile Phone 2 months out of Warranty. 2years contract still to go. What are my consumer rights?

tightauldgit

Your consumer rights are not enhanced by having an extended airtime contract so you're in the same position whether you have it or not unless Tesco are prepared to throw you a bone in a goodwill gesture.

However I would agree that you should expect a phone to last more than this so you may have a claim. The question is going to be what is the root cause of the fault though - since you're past the 6 month mark it's going to be up to you to show its inherently faulty which would probably need an independent report from a phone repair centre. I guess Apple would be a good place to start to at least get a diagnosis and a cost to repair though.  

DrEvazan

Thanks all. Appointment booked with Apple tomorrow.

Wonka_2

DrEvazan said:

Thanks all. Appointment booked with Apple tomorrow.

Good luck - hope there's a positive outcome with them

gt94sss2

Which iphone is it and how much did it cost (just the phone not the associated airtime contract)?

Apple themselves acknowledge that the Consumer Rights Act applies to their products (if purchased from them)

https://www.apple.com/legal/warranty/products/uk-ireland-warranty.html

Your contract is with Tesco though

Dog_Grannie48

Hi All,
I have a similar issue with mu Samsung S22 Ultra that was taken out on a 36 month contract with O2.
My contract for both device and air time are due to expire beginning of November, but my handset stopped working last night. It wont turn on, charge etc., there is nothing from the handset at all.
The handset is in pristine condition, never been dropped, splashed etc, not even a single scratch. 

Is it correct that the Consumer Rights Act allows up to 6 years to claim for fault (fit for purpose for an acceptable period of time)?
My previous Samsung phones lasted me a minimum of 7 to 9 years before I traded in and upgraded.

Do you think given the phone has not received any damage, this would be enough to state that it was an intrinsic fault and claim a repair, replacement, or exit the contract early from O2 and not opt for a upgrade and new contract, which they are trying to push me into? 

I don't want to have to buy another phone to last the 6 weeks that I have left until the end of the contract and as I trade in my previous ones, I don't have nay spare round the house.

powerful_Rogue

Dog_Grannie48 said:

Hi All,
I have a similar issue with mu Samsung S22 Ultra that was taken out on a 36 month contract with O2.
My contract for both device and air time are due to expire beginning of November, but my handset stopped working last night. It wont turn on, charge etc., there is nothing from the handset at all.
The handset is in pristine condition, never been dropped, splashed etc, not even a single scratch. 

Is it correct that the Consumer Rights Act allows up to 6 years to claim for fault (fit for purpose for an acceptable period of time)?
My previous Samsung phones lasted me a minimum of 7 to 9 years before I traded in and upgraded.

Do you think given the phone has not received any damage, this would be enough to state that it was an intrinsic fault and claim a repair, replacement, or exit the contract early from O2 and not opt for a upgrade and new contract, which they are trying to push me into? 

I don't want to have to buy another phone to last the 6 weeks that I have left until the end of the contract and as I trade in my previous ones, I don't have nay spare round the house.

As it's over six months old, the onus is on you to prove it had a fault during manufactue. This is usually done via a report from a mobile repair company.

Ergates

Dog_Grannie48 said:

Is it correct that the Consumer Rights Act allows up to 6 years to claim for fault (fit for purpose for an acceptable period of time)?

You have 6 years to pursue a case from the point of breach of contract.  This doesn't necessarily translate into "a product should last 6 years" as that is heavily dependent on the product itself.  But a mobile phone should definitely last 3 years.

Dog_Grannie48 said:

Do you think given the phone has not received any damage, this would be enough to state that it was an intrinsic fault and claim a repair, replacement,

No/Yes/Depends what you mean.   A phone *looking* pristine wouldn't be sufficient to support a claim - but if you had the phone examined by some kind of expert (e.g. a phone repair shop) and they confirmed the phone hadn't been dropped/immersed in water/etc - then that should be sufficient.

Covering the cost of repair would seem the obvious solution (assuming it *can* be repaired).   Replacement, if offered, would be with a similarly aged handset of the same or similar model.  A refund would be reduced for the time you've had the phone.