Apple lost my phone in repairs

prettyandfluffy

RefluentBeans said:

It could be Apple just gave you a refurb phone, but with better specs because they didn’t have your unit in stock as a replacement? 

This is the most likely explanation.  

Jmoo

They've got back to me today and say they're keen to get the phone back and are concerned about what data might have been on the phone. They seem more keen to get it back than replacing mine. Will find out more later this week. 

RefluentBeans

Jmoo said:

RefluentBeans said:

Jmoo said:

Okell said:

I can't follow your post either.

Sometimes you refer to Argos by name and sometimes you refer to Apple by name.

You then refer to "they" but it's not clear from the context whether you mean Argos or Apple.

You need to clarify that so we know who has told you what.

Put it in a chronological timeline:  Say when and who you bought it from; how you paid for it; when it went wrong; what did you do: who did you bring it to; what did they tell you; etc etc

Purchased from Argos last September. 
Went to Argos in July to point out fault. 
They referred to Apple. 
Apple took in for repair in August. 
Fault not fixed. 
Argos Online said to take in store for refund or replacement. 
Argos store said they don't do either and to go back to Apple.
Apple did various tests then took in phone again. 
Apple returned someone else's phone and can't find original. 
Contacted bank over Section 75.
Argos say it's nothing to do with them I need to get answers from Apple. 
Apple complaints process going nowhere in last week, they still don't believe I don't have my phone! 

Would be good to know Model numbers to make points clearer. Are we talking that you got back a phone with added memory (like you sent a 128gb and got back a 256gb)? Or a different generation (sent 13 received 14) or a different sub model (sent pro got back pro max)? 

It could be Apple just gave you a refurb phone, but with better specs because they didn’t have your unit in stock as a replacement? 

Has the phone you’ve got now got any data on it at all, or is factory reset and ready to be set up? It has it got your data on it? Or has it got someone else data on it?

Its important to attempt to figure out what Apple did as it may be relevant - I can see why Argos would refuse to deal with a phone that isn’t the same phone they sold you. All phones have serial numbers and retailers will often track these serial numbers so they know when you’re giving back your phone or another phone. 

I doubt they'd send a form with someone's name and address on though as well as details of their issue. That's surely a GDPR issue. They also told me they'd sent the original phone back as it wasn't possible to spot the fault.

I had an iPhone 13 Mini, we got sent an iPhone 14 Max. Some might say it's a win - but if it's someone's phone they're presumably going to report it as lost and shut it down soon! It was blank, but I always factory reset before sending so that's not unusual.

Sorry to confirm have they sent you a form with someone else’s details on? 

I’d follow the advice from others - but include the phone serial number of your phone. It’s odd (but not impossible) that Apple has a QC issue with sending phones back out.

If there is no data breach than it is a near miss, and something Apple should address to ensure that it doesn’t happen. But adding superlatives like ‘could’ve been a data breach’ makes the issue more complex. 

The issue is relatively straightforward. You sent a phone with serial number X in, snd received a phone with serial number Y back. Keep the story straight, and simple. The story itself is already complex, and adding more to it will only make more confusion. 

As a word of warning if you do get to the claim stage at court - you can’t claim that Apple gives you the value of working iPhone 13 mini - you can only claim for the actual loss - a non-functional iPhone 13 mini. 

Jmoo

RefluentBeans said:

Jmoo said:

RefluentBeans said:

Jmoo said:

Okell said:

I can't follow your post either.

Sometimes you refer to Argos by name and sometimes you refer to Apple by name.

You then refer to "they" but it's not clear from the context whether you mean Argos or Apple.

You need to clarify that so we know who has told you what.

Put it in a chronological timeline:  Say when and who you bought it from; how you paid for it; when it went wrong; what did you do: who did you bring it to; what did they tell you; etc etc

Purchased from Argos last September. 
Went to Argos in July to point out fault. 
They referred to Apple. 
Apple took in for repair in August. 
Fault not fixed. 
Argos Online said to take in store for refund or replacement. 
Argos store said they don't do either and to go back to Apple.
Apple did various tests then took in phone again. 
Apple returned someone else's phone and can't find original. 
Contacted bank over Section 75.
Argos say it's nothing to do with them I need to get answers from Apple. 
Apple complaints process going nowhere in last week, they still don't believe I don't have my phone! 

Would be good to know Model numbers to make points clearer. Are we talking that you got back a phone with added memory (like you sent a 128gb and got back a 256gb)? Or a different generation (sent 13 received 14) or a different sub model (sent pro got back pro max)? 

It could be Apple just gave you a refurb phone, but with better specs because they didn’t have your unit in stock as a replacement? 

Has the phone you’ve got now got any data on it at all, or is factory reset and ready to be set up? It has it got your data on it? Or has it got someone else data on it?

Its important to attempt to figure out what Apple did as it may be relevant - I can see why Argos would refuse to deal with a phone that isn’t the same phone they sold you. All phones have serial numbers and retailers will often track these serial numbers so they know when you’re giving back your phone or another phone. 

I doubt they'd send a form with someone's name and address on though as well as details of their issue. That's surely a GDPR issue. They also told me they'd sent the original phone back as it wasn't possible to spot the fault.

I had an iPhone 13 Mini, we got sent an iPhone 14 Max. Some might say it's a win - but if it's someone's phone they're presumably going to report it as lost and shut it down soon! It was blank, but I always factory reset before sending so that's not unusual.

Sorry to confirm have they sent you a form with someone else’s details on? 

I’d follow the advice from others - but include the phone serial number of your phone. It’s odd (but not impossible) that Apple has a QC issue with sending phones back out.

If there is no data breach than it is a near miss, and something Apple should address to ensure that it doesn’t happen. But adding superlatives like ‘could’ve been a data breach’ makes the issue more complex. 

The issue is relatively straightforward. You sent a phone with serial number X in, snd received a phone with serial number Y back. Keep the story straight, and simple. The story itself is already complex, and adding more to it will only make more confusion. 

As a word of warning if you do get to the claim stage at court - you can’t claim that Apple gives you the value of working iPhone 13 mini - you can only claim for the actual loss - a non-functional iPhone 13 mini. 

Thank you. Understood. 

Yes the repair note has their name, address, model details and serial number. 

the_lunatic_is_in_my_head

Jmoo said:

They've got back to me today and say they're keen to get the phone back and are concerned about what data might have been on the phone. They seem more keen to get it back than replacing mine. Will find out more later this week. 

Well it seems you have a bargaining chip.  

You do have an obligation to take reasonable care of the incorrect phone and allow Apple to collect it but it does give you something to use to negotiate with to getting either your original phone or replacement from Apple.

Jmoo

the_lunatic_is_in_my_head said:

Jmoo said:

They've got back to me today and say they're keen to get the phone back and are concerned about what data might have been on the phone. They seem more keen to get it back than replacing mine. Will find out more later this week. 

Well it seems you have a bargaining chip.  

You do have an obligation to take reasonable care of the incorrect phone and allow Apple to collect it but it does give you something to use to negotiate with to getting either your original phone or replacement from Apple.

Very true. 

Jmoo

Apple have been in touch asking for the phone back. They say they don't stock the Apple 13 Mini anymore, so can send a boxless Apple 13 instead. I'm a bit unsure about that - we'd liked to have had a like for like replacement at the very least! Maybe I'm being awkward, but my girlfriend is awkward about big phones.

sheramber

Apple stopped production of the 13 mini due to lack of sales.

.

Robbo66

Jmoo said:

Apple have been in touch asking for the phone back. They say they don't stock the Apple 13 Mini anymore, so can send a boxless Apple 13 instead. I'm a bit unsure about that - we'd liked to have had a like for like replacement at the very least! Maybe I'm being awkward, but my girlfriend is awkward about big phones.

Well they cant give you what they don't have, you're getting a replacement phone, if you don't like it sell and and use the money to get a mini. There's just no pleasing some people

RefluentBeans

You could ask for money back. I don’t think this falls under consumer rights any more and is instead now into damages. 

To most people a Apple-refurbed phone will be good enough. If you don’t want that - then you can reject it and ask for money. But they may only give you money for a faulty iPhone 13 mini (a quick check on eBay puts those prices as below £100). Of course Apple may pay more but certainly not enough to get a new phone. 

As others have said - iPhone minis were dropped for the last generation (iPhone 14) and now at the launch of iPhone 15, they’ve completely stopped producing that form factor. Means that they may be going for slightly more as it’s now a limited market, if you did want to buy it separately. 

Worth noting that this will certainly make it much harder to claim. It’s kind of the reason that I suggested to go back to the retailer in the first instance, as if Apple refuses to deal with you in 18months time, you’ve got to prove that your consumer rights are still on this new device. I would imagine legally speaking that your consumer rights should be in tact, but looking at from the point of view of Argos - you purchased one device and now returning another device of different model. They certainly won’t just accept your word, and you’ve already seen Argos are very ‘awkward’ with refunds, and this will just add more complexity to the situation.