GiffGaff and phone dying after 2 years 2 days

Jasmine81

I am looking for advice from anyone who have had issues dealing with GiffGaff and a phone suddenly stop working when it is just 2 days past the warranty period? I have read the advice Martin Lewis has put on this site about faulty goods when outside of the warranty period. I have put the issue below. Thanks in advance for any advice.

I purchased a Google Pixel 6 from GiffGaff on 13 May 2022. On 15 May 2024 my phone completely died. There was no warning, it was working perfectly fine and when I picked it up to head out I noticed that it was not working. I have tried holding down the power button and holding down the power and volume button, but no life. This was only two days past the warranty period.

I contacted GiffGaff thinking that they could repair free of charge it as it was only two days past the warranty and the fact the phone suddenly went. They responded that as it was out of warranty they couldn't repair it free of charge and sent me information on how to send the phone. I read the advice that Martin Lewis put on this site about statutory legal rights under the Consumer Rights Act 2015 so I went back to GiffGaff stating my rights as the phone has not lasted a reasonable length of time. Their response was to pass it to their complaints department who responded by completely ignoring my message about the legal rights. They again went on about my phone being out of the warranty period and how at the time of purchase their website made it clear that they have a 24 month warranty period. They would however waive the £15 assessment fee if I return the phone for repair.

I responded to this by telling them to read my message properly and I reiterated my legal rights as the phone has not lasted a reasonable length of time and actually is not fit for purpose. I asked for either a free repair, partial refund or a replacement. Their response to this message was this:

"there is no absolute definition of a reasonable length of time. For example, in our eyes, 2 years without fault is what we would consider a reasonable length of time, which is why we offered a 2 year warranty. If you do not agree that two years was a reasonable period of time, the warranty details were provided at the time of purchase and you were under no obligation to buy a phone from giffgaff specifically when you bought the phone.

With that in mind, as we are unable to offer a refund, repair, or replacement within warranty, this complaint can be submitted to an Alternative Dispute Resolution (ADR) scheme because we have no more avenues for resolution or escalation. To take a dispute to the ADR scheme, we can send you a document outlining our final position. This is known as a 'deadlock' letter. Alternatively, you can take your dispute to an ADR scheme without a deadlock letter if this complaint remains open and unresolved 8 weeks after you first complained."

Can anyone advise on how to deal with GiffGaff and what is a reasonable length of time to expect a phone to last? I am now using my old phone which is 7 years old. My Google Pixel showed no signs of age, which I would expect before it dying. 

lisyloo

Was this a new phone or refurbished?

Personally I would ask for the letter and go to the communications ombudsman.
You need to collect "evidence" like this that says 3-5 years
What is the lifespan of a Pixel phone? - PC Guide
I would be looking for several that support your case.

Jasmine81

lisyloo said:

Was this a new phone or refurbished?

Personally I would ask for the letter and go to the communications ombudsman.
You need to collect "evidence" like this that says 3-5 years
What is the lifespan of a Pixel phone? - PC Guide
I would be looking for several that support your case.

Thank you lisyloo. The phone was new when purchased. That's a good point about providing evidence of the expected lifespan of the phone. 

lisyloo

Your options are small claims court - which will cost money.
Or this route which is free but may be slow.

noitsnotme

You’ve missed a very important part of the legislation.

If a fault develops after six months, it’s up to you to prove it was faulty at the time of purchase or delivery.

Alderbank

@Jasmine81, how did you pay for the phone?

Jasmine81

@noitsnotme The phone showed no fault or evidence of aging, it just suddenly stopped. I thought this would come under Martin Lewis' point of expecting an item lasting a reasonable length of time. https://www.moneysavingexpert.com/news/2023/02/martin-lewis-faulty-tech-warranty/

@Alderbank I paid using my debit card. I also use GiffGaff to provide my phone service.

eskbanker

Jasmine81 said:

@noitsnotme The phone showed no fault or evidence of aging, it just suddenly stopped. I thought this would come under Martin Lewis' point of expecting an item lasting a reasonable length of time. https://www.moneysavingexpert.com/news/2023/02/martin-lewis-faulty-tech-warranty/

The fact that items must last a reasonable length of time doesn't change the fact that (after six months) the onus is on the customer to prove that the fault was present at the time of purchase, e.g. with a report from a qualified independent technician:

What proof do you need?

When goods are faulty, if you return them within six months, then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/#accordion-content-1621398341-3

pinkshoes

To exercise your legal rights you will need an independent report stating that the phone has failed due to an inherent fault and not something you have done.

E.g. no water ingress from being in damp environments (bathrooms etc...),  no impact damage.

Once you have this report then send a letter before action with a copy of the report, stating your consumer rights. Ask for a repairm replacement or partial refund as well as the refund for the report otherwise you will take them to court for £XXX which is the cost of a replacement phone of a similar age and the report cost.