13 Months old & IPhone 16 knackered

Aylesbury_Duck

Chargeback is unrelated to the Consumer Credit Act.

bignred05

2+ working days have now passed.

No response from Curry's (Out of Warranty team) whatsoever.

not even an email acknowledgment, you just know where this is heading.

Next step an email to the CEO office then.

*Rather ironically you get an instant SMS message about your recent phone call for a survey

PHK

https://forums.moneysavingexpert.com/discussion/comment/82082217#Comment_82082217

The OP is also outside the time period to make a chargeback.

Boohoo

https://forums.moneysavingexpert.com/discussion/comment/82084015#Comment_82084015

I think you are jumping the gun here going to the CEO.

Why don't you just wait for that team to get back to you and then take it from there.

bignred05

https://forums.moneysavingexpert.com/discussion/comment/82084299#Comment_82084299

surely I am able to make a claim under the Consumer Credit Act (section 75)

As the iphone16 was bought from new and paid for on a credit card in full.

*think its fair to say the iPhone is knackered, hence why Apple have referred me back to Curry's

bignred05

https://forums.moneysavingexpert.com/discussion/comment/82084355#Comment_82084355

in Fairness, I have found in the past.

if you want something done, the best and the quickest option is by going to the top (CEO office)

rather than getting past from pillar to post and being left in limbo for weeks on end

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/82084756#Comment_82084756

See my response from a few days ago, the pertinent bits in bold:

"Yes, you have the right to request a new phone, but Currys aren't obliged to provide one. They may, if they are satisfied that the problem is an inherent one and not caused by misuse/overuse/abuse, provide a used model of roughly the same value, or repair it, or provide a partial refund.

Apple's attempt to repair it doesn't count, in the sense that that was an entirely separate transaction between you and Apple.

No, a chargeback won't work. Your credit card is equally liable with Currys under Section 75, but they will almost certainly ask for the same evidence as currys, ie. That the fault is inherent or was inevitable, rather than caused by you."

I expect your card provider will ask you for an independent report on the fault and likely cause.

bignred05

https://forums.moneysavingexpert.com/discussion/comment/82084772#Comment_82084772

Thanks for your response.

One thing the man in my local Currys did advise (as he had a similar issue he said)

was that I was one step ahead with my Apple Genius Bar, Works Authorisation form.

*he said Currys will request this off me (when they eventually get in touch)

anyway on the form under Proposed resolution it states the following.

This device will require a mid system replacement, as the device is out of warrenty this would be at cost.

(I can only assume this will cost several hundred pounds, with what Apple told me and the fact they are pushing me to curry's now)

also stated and the key point IMHO

Consumer law may be eligible due to, no customer misue or damage.

Device is 13 months old (he was going to put under 2 years) but i stated 13 months is more appropriate.

Aylesbury_Duck

That's possibly very helpful. Go back to Currys with that and ask for a remedy under your consumer rights, showing them the report.

You may decide to send them a letter before action, including the Apple report, and saying you'll commence small claims court action if they don't respond with a proposed solution within 14 days.

eskbanker

Just to clarify the differing Acts:

The Consumer Rights Act 2015 grants you rights against the retailer, obliging them to repair, refund or replace goods that were deemed to have been faulty at the time of sale, even if latent and only apparent later.

If you paid by credit card, then the Consumer Credit Act 1974 (s75) also grants you the same rights against the creditor as you have against the trader, effectively giving you the choice to pursue either, but in either case the onus (after six months) is on you to demonstrate that the fault would have been present when bought - the Apple confirmation should go at least some of the way to fulfilling this requirement…