Vodafone

edited 30 November -1 at 1:00AM in Praise, Vent & Warnings
24 replies 5.1K views
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  • glentoran99glentoran99 Forumite
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    esuhl wrote: »
    I'm not overly familiar with the new consumer legislation, but I believe the basic rights of the Sale of Goods Act (SOGA) still exist under the new act.

    The SOGA said that goods must last for a "reasonable" amount of time, up to a maximum of six years. I believe the retailer can choose to repair the phone, replace it with one in a similar condition (i.e. secondhand), or issue a partial refund (the value of which will be based upon how much use you have had from the device, and how long it would be "reasonable" to expect it to last -- to a maximum of six years).

    So, if an iPhone would be expected to last 5 years, and you'd had it 2 years, you would be refunded 3/5ths of the original price. Although... that's complicated because you didn't buy it outright.

    Anyway, these SOGA terms only applied to inherent faults, not normal wear-and-tear, etc. In the first six months, it's up to the retailer to prove that any fault is not inherent. After that, you'd need to get an independent engineer's report stating that the product has been found to have an inherent fault.

    As above, I imagine the SOGA would apply to you, as that's what was in force at the time.

    If you need to, you can check the terms of the Sale of Goods Act here:
    http://www.legislation.gov.uk/ukpga/1979/54

    And the Consumer Rights Act here:
    http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

    Thanks, apple have given me a report stating its not wear and tear
  • CRA bases the following points:

    If an item develops a fault within 6 months of purchase and the user claims the fault then the retailer must replace or refund. The onus is on the retailer to prove the fault was caused by the customer.

    After 6 months and up until the warranty runs out the customer can claim a fault and is obliged to send the item to the retailer for inspection to determine the fault. At this point it is up to the customer to prove the fault was there from purchase or developed whist in use in that time period, and is attributed to the manufacturing of the item. If the fault is not covered under warranty the retailer has the right to offer a charged repair service, a replacement or a partial refund based on wear and tear.

    After the warranty has expired the retailer has the right to refuse to inspect the item but typically, if they're good, you contact the manufacturer and get their permission to send it back for an out of warranty inspection through the retailer, then the retailer may assist. They don't have to, but it's at their discretion.

    Remember, the contract is with the retailer, not the supplier, so always contact the retailer first. Most will be able to help, and even if they dont, manufacturers tend to be ok to jump in and do their bit if needed. Garmin are a good example, they have one year warranty but if their products develop a fault after this then they tend to be happy to offer an out of warranty inspection and offer a cost replacement unit if the faulty one cannot be repaired.
  • agrinnallagrinnall
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    CRA bases the following points:

    As already pointed out and explained to the OP it is SOGA that applies in this case not the CRA, although the provisions are very similar to those you have given.
  • mattyprice4004mattyprice4004 Forumite
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    agrinnall wrote: »
    But both SOGA and CRA give you the same rights as the EU regulation but for 6 years rather than 2. The CRA is the current UK implementation of the EU regulations, so Apple (as I would probably expect) are talking boll0cks.

    Not meaning to deprive you of an opportunity to rant about Apple, but the OP has a problem with Voda, not Apple.

    Apple even said they'd help if it was bought from them rather than Voda, no idea why you're having a pop at the company who would have helped!
  • agrinnallagrinnall
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    Not meaning to deprive you of an opportunity to rant about Apple, but the OP has a problem with Voda, not Apple.

    Apple even said they'd help if it was bought from them rather than Voda, no idea why you're having a pop at the company who would have helped!

    It was the OP that had taken their legal advice from Apple. My comment was in reference to that.
    Consumer rights act and EU law are separate things, apple confirmed this, the eu legislation does exist look it up,
  • SuperHanSuperHan Forumite
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    Apple have simplified the EU directive to ensure they meet it (as they were previously fined for not adhering). Therefore they will repair/replace within 2 years of purchase. However, this is not required by either the directive or UK law, so you cannot ask Vodafone to apply the same.

    When going to Vodafone, you must use the Sales of Goods Act because this prevails over the EU directive in the UK (and is actually more beneficial to the consumer).

    You will be required to provide a report to show that the fault with the phone is inherent, then ask Voda for a remedy.
  • takmantakman
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    I've been lucky enough with Vodafone until now, Now I feel its a big wind up, iPhone not working, outside of 1 year warranty, refusing to help, despite the EU consumer law stating 2 years, Apple confirmed it should be covered under this from point of purchase, had it been bought directly from them it wouldn't even be an issue, would have been replaced there and then.


    and to top it all off customer services try to contact me ON THE BROKEN PHONE, despite being given alternative contact numbers, Live chat wanted to text me a number access my account TO MY BROKEN PHONE

    Well actually they were trying to contact you on the Sim Card which is in the phone. They probably assumed you had moved this to a spare phone so you could continue to use the number as normal.
  • glentoran99glentoran99 Forumite
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    takman wrote: »
    Well actually they were trying to contact you on the Sim Card which is in the phone. They probably assumed you had moved this to a spare phone so you could continue to use the number as normal.

    why would they assume this, When they were quite clearly told I didn't have a spare phone, and explicitly told to contact using landline, On more than one occasion
  • takmantakman
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    why would they assume this, When they were quite clearly told I didn't have a spare phone, and explicitly told to contact using landline, On more than one occasion

    Sounds like a case of poor customer service and them not reading the notes on the account and blindly following the standard procedure.
  • takman wrote: »
    Sounds like a case of poor customer service and them not reading the notes on the account and blindly following the standard procedure.

    I agree with the above.
    Vodafone customer service is really awful.
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