Faulty iPad, just outside the warranty (please help)

Doinfine

£1369 iPad bought, 15 months ago - used occasionally and well cared for etc.  

Now iPad broken - will not charge : Apple have emailed confirming the fault....

"Steps to Reproduce: The reported issue has been verified at the Genius Bar.
Ran HDI No Power diagnostics - reports that the device will not turn on and that the issue is hardware related.
A replacement iPad Pro is required to resolve the issue"

Argos say without a report confirming its down to a "manufacturing defect" they want £868.09 to fix.  

I am tempted to simply issue civil proceedings without one and allow the Court to decide if, based on the evidence, that is was a manufacturer fault - in other words I can give evidence to confirm that it has been well treated, kept away from water, kept in a sturdy case, not dropped, etc, etc (all of which are true).  In that scenario I cannot really see how a Court could conclude that it was anything other than a manufacturer fault.  I don't suppose Argos could actual challenge my evidence either.

Part of my claim would be that if Argos want to get an independent report then that's a matter for them.

Maybe I'm being unrealistic?

If I do get a report does anyone have any experience of this?  How much did it cost?  Was your expert specific enough to say it was a manufacturers fault and was this accepted by your retailed?
Is my email from Apple not sufficient?

Thank you SO much everyone - truly grateful (and anxious about this) 

Aylesbury_Duck

Doinfine said:

£1369 iPad bought, 15 months ago - used occasionally and well cared for etc.  

Now iPad broken - will not charge : Apple have emailed confirming the fault....

"Steps to Reproduce: The reported issue has been verified at the Genius Bar.
Ran HDI No Power diagnostics - reports that the device will not turn on and that the issue is hardware related.
A replacement iPad Pro is required to resolve the issue"

Argos say without a report confirming its down to a "manufacturing defect" they want £868.09 to fix.  

I am tempted to simply issue civil proceedings without one and allow the Court to decide if, based on the evidence, that is was a manufacturer fault - in other words I can give evidence to confirm that it has been well treated, kept away from water, kept in a sturdy case, not dropped, etc, etc (all of which are true).  In that scenario I cannot really see how a Court could conclude that it was anything other than a manufacturer fault.  I don't suppose Argos could actual challenge my evidence either.

Part of my claim would be that if Argos want to get an independent report then that's a matter for them.

Maybe I'm being unrealistic?

If I do get a report does anyone have any experience of this?  How much did it cost?  Was your expert specific enough to say it was a manufacturers fault and was this accepted by your retailed?
Is my email from Apple not sufficient?

Thank you SO much everyone - truly grateful (and anxious about this) 

You need that report.  Argos don't have to take what you've told them at face value about how it's been treated, you need a report to at least suggest (not prove) it's a hardware fault that's occurred prematurely and not apparently a result of misuse.  I don't see that the email from Apple does that.  Has Apple even seen the device, or have they emailed a diagnosis based on what you've told them?

Take it along to a phone/tablet repair place and pay then for an inspection and report.  Take that to Argos and they will choose whether to repair, replace or partially refund you.  To go to court without a report makes it more likely you'll fail and then you've lost the cost of the court fee.

Techy_girl

Their is 2 warrenties that run same time when you buy an electrical/electronic item, from the seller and from the manufacturer... what are the dates of each? basically when you contact Argos Customer Complaints ( which you have to do before getting a charge back from your bank) you must give them plenty of chances to resolve this.)

Once the bank rules in your favor its normally end of discussion... no court needed.

Doinfine

@Aylesbury_Duck : thank you.  I fear I might need to go down the route of that report then.  Apple have seen the iPad yes as I took it into store.

"Issue: The device will not power on.
Steps to Reproduce: The reported issue has been verified at the Genius Bar.
Ran HDI No Power diagnostics - reports that the device will not turn on and that the issue is hardware related.
A replacement iPad Pro is required to resolve the issue.
The device is out of the Apple one year warranty and so would only be replaced at an out of warranty cost of �809.00 via the Apple Genius Bar (all prices subject to change without notice).
Customer can seek possible consumer rights coverage for the replacement with the original retailer (Argos).
Cosmetic Condition: No issues to report.
Proposed Resolution:
- Replacement iPad is required to resolve the issue"


@Techy_girl : thank you.  I bought it using my fathers credit card (with his express permission i might add)  so I fear this is not going to happen.  My father has since passed away.  

Aylesbury_Duck

Doinfine said:

@Aylesbury_Duck : thank you.  I fear I might need to go down the route of that report then.  Apple have seen the iPad yes as I took it into store.

"Issue: The device will not power on.
Steps to Reproduce: The reported issue has been verified at the Genius Bar.
Ran HDI No Power diagnostics - reports that the device will not turn on and that the issue is hardware related.
A replacement iPad Pro is required to resolve the issue.
The device is out of the Apple one year warranty and so would only be replaced at an out of warranty cost of �809.00 via the Apple Genius Bar (all prices subject to change without notice).
Customer can seek possible consumer rights coverage for the replacement with the original retailer (Argos).
Cosmetic Condition: No issues to report.
Proposed Resolution:
- Replacement iPad is required to resolve the issue"


@Techy_girl : thank you.  I bought it using my fathers credit card (with his express permission i might add)  so I fear this is not going to happen.  My father has since passed away.  

Hmm.  Others will be along to confirm, but there might be an obstacle there.  Any partial refund would normally be to the original payment method.  At this stage I wouldn't mention it, and see if Argos offer a repair or replacement, assuming the report suggests an inherent fault.

MattMattMattUK

Unfortunately the OP has no consumer rights as they were not the legal consumer. 

By all means keep arguing with Argos and they may at least partially capitulate, but court is not going to work, neither is chargeback or Secrion 75.

born_again

So once again Apple report on the issue, but will not replace one of their products. BUT

If not charging & hardware related @ 15 months old then it could just as easily be user related.

MattMattMattUK

born_again said:

So once again Apple report on the issue, but will not replace one of their products. BUT

If not charging & hardware related @ 15 months old then it could just as easily be user related.

And probably told the OP that if they had bought from them they it would be replaced for free...

Techy_girl

The Sale of Goods Act offers protection against faulty goods even when the manufacturer's guarantee has run out. The act says goods must last a reasonable time - and that can be anything up to six years from the date of purchase.

But if YOU didn't make the purchase, its complicated, my phone has a fault warrenty of 2yrs, when you log onto your icloud what's the date there? [Sorry I just checked my account the date isn't listed online -its on the device]  I ask because you may get somewhere which apple rather than Argos because as MattMat says...you didn't purchase the item, but it doesn't necessarily mean you've got no rights...Do you have the receipt?

eskbanker

MattMattMattUK said:

Unfortunately the OP has no consumer rights as they were not the legal consumer. 

Are you basing that on the use of someone else's credit card?

If so, that may indeed rule out a s75 claim on that technicality, but doesn't negate the actual purchaser's wider rights under CRA, etc?

Techy_girl said:

The Sale of Goods Act offers protection against faulty goods even when the manufacturer's guarantee has run out. The act says goods must last a reasonable time - and that can be anything up to six years from the date of purchase.

The Sale of Goods Act was superseded by the Consumer Rights Act 2015 for consumer rights provisions (as opposed to B2B).

Techy_girl

eskbanker said:

Techy_girl said:

The Sale of Goods Act offers protection against faulty goods even when the manufacturer's guarantee has run out. The act says goods must last a reasonable time - and that can be anything up to six years from the date of purchase.

The Sale of Goods Act was superseded by the Consumer Rights Act 2015 for consumer rights provisions (as opposed to B2B).

True it was, but I believe the length of term hasn't changed.