Iphone completely dead - where do I stand?

135

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  • mobilejunkie
    mobilejunkie Posts: 8,460 Forumite
    boatman wrote: »
    https://www.mirror.co.uk/money/your-phone-actually-two-year-11178594

    If you sell a two-year contract and the handset to go with it, the handset must last the duration of the contract.
    If it doesn't it must mean the handset was not fit for purpose.


    Sounds a reasonable argument.

    And that's all it is... an argument. It isn't a legal requirement and the only to attempt to enforce it would be to sue -with no guarantee of success.
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
    First Anniversary Combo Breaker First Post Debt-free and Proud!
    Stardustjunkie wrote: »
    Hi all,

    Thanks for the comments. I've been doing research and speaking to Apple. I'm taking it to a genius bar on Saturday for a free diagnostic test. Once I have that, which should in theory prove that it's not been damaged but is a hardware failure, Apple have advised me that EE should replace the product based on some kind of consumer law. Because the phone wasn't bought through Apple, they can't cover it (but would it it had been bought through them). The question now is whether or not EE will play fair. I'm looking at where i stand with my direct debit too. If they refuse to replace a faulty phone then am I within my rights to cancel my direct debit to them.



    Had exactly the same debate with them and Vodafone, back and forward, used the resolver website and Vodafone caved in the end as soon as it got to ombudsman stage, they let me out of my contract
  • Stardustjunkie
    Stardustjunkie Posts: 62 Forumite
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    I've had a really easy phone call with EE this afternoon. I've got to take my Apple report that confirms the hardware failure in to EE and ask for the 'mend and lend' scheme. The guy has left all the info on my account and my phone will be either fixed or replaced free of charge, and I will get a temporary phone to use in the meantime.

    So consumer law does work ;)
  • Jon_01
    Jon_01 Posts: 5,869 Forumite
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    Stardustjunkie wrote: »
    I've had a really easy phone call with EE this afternoon. I've got to take my Apple report that confirms the hardware failure in to EE and ask for the 'mend and lend' scheme. The guy has left all the info on my account and my phone will be either fixed or replaced free of charge, and I will get a temporary phone to use in the meantime.

    So consumer law does work ;)

    Congrats for getting that. Although I wouldn't put too much store by their mead and lend, we've had reports before that each shop has one phone and it's old and battered, and if it's already out on loan it's a case of tough luck...
  • boatman
    boatman Posts: 4,699 Forumite
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    mobilejunkie wrote: »
    And that's all it is... an argument. It isn't a legal requirement and the only to attempt to enforce it would be to sue -with no guarantee of success.

    I think it would be a very positive argument and hopefully, as in this case the company would see sense before it got to an ombudsman or court.

    Just a shame companies feel its ok to fob off customers so easily in many valid cases, I'm not sure it does them any favours in the long run, bad press etc, maybe it does, I don't know the hard figures.
  • Stardustjunkie
    Stardustjunkie Posts: 62 Forumite
    First Anniversary First Post
    Thought I'd share an update in case anyone else is in a similar situation.

    I had an email and phone call from EE quoting me £300 to replace my iPhone because they couldn't fix it. I refused and said I wanted to claim it under the consumer law. I got a call 2 days later confirming that my claim was successful and a new phone will be delivered to my local EE store in 2 working days.

    In the meantime I have a battered iPhone 5 that I have borrowed from EE. It's slow but it does the job temporarily.

    So yes, if your phone unexpectedly stops working while it's less than 2 years old, fight for a replacement!
  • macman
    macman Posts: 53,088 Forumite
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    Stardustjunkie wrote: »
    I've had a really easy phone call with EE this afternoon. I've got to take my Apple report that confirms the hardware failure in to EE and ask for the 'mend and lend' scheme. The guy has left all the info on my account and my phone will be either fixed or replaced free of charge, and I will get a temporary phone to use in the meantime.

    So consumer law does work ;)

    No it doesn't. EE have no legal obligation here to do anything: they've gone beyond what consumer law requires, luckily for you.
    No free lunch, and no free laptop ;)
  • Stardustjunkie
    Stardustjunkie Posts: 62 Forumite
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    The phone call said 'we have agreed to replace your phone as a claim under consumer law".

    Regardless of if anyone here thinks that it's consumer law or not, the fact of the matter is I'm getting a FREE replacement for a 16 month old iphone that stopped working
  • System
    System Posts: 178,093 Community Admin
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    macman wrote: »
    No it doesn't. EE have no legal obligation here to do anything: they've gone beyond what consumer law requires, luckily for you.

    Consumer law gives you a framework to work within and you can use it to negotiate with the retailer or manufacture to come to some sort of agreement or if not then possible court action. I would say EE and OP worked within the consumer law guidelines with EE deciding to replace the phone rather than dragging it out.

    Yes EE could have really made it difficult or the OP could have been an annoying ignorant customer but i sense they both respected each other so that they could resolve the matter.

    Laws don't have to be used as a big stick to threaten legal action but rather to give guidance so that both parties agree to something without any legal action required or for laws to be broken.
  • macman
    macman Posts: 53,088 Forumite
    Name Dropper First Post First Anniversary
    Stardustjunkie wrote: »
    The phone call said 'we have agreed to replace your phone as a claim under consumer law".

    Regardless of if anyone here thinks that it's consumer law or not, the fact of the matter is I'm getting a FREE replacement for a 16 month old iphone that stopped working

    We are well aware of that. The point is that your free phone is at EE's discretion, it's not your 'right' under any unspecified consumer law.
    Should a similar situation arise again, you may not get the same good result.
    Your new phone may well be a refurb.
    No free lunch, and no free laptop ;)
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