iPhone 7 - Consumer Rights
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Bakes1295
Posts: 3 Newbie
Hi All,
I have an iPhone 7 which is 18 months old. It is currently in contract with EE. On saturday, it just stopped working completely. I took it back to Apple who tested it and said the ‘logic board’ had broken and no one would be able to repair the phone, it would only be a replacement. I have gone back to carphone warehouse who are not interested in helping at all. Apple have written a report for me that says the following: ‘this fault is not through any fault of the user and is a hardware issue. It appears to have been getting worse over a period of time due to battery performance. The user has done nothing wrong to affect this’.
Where do I stand with this? Carphone are completely uninterested in helping and said all I can do is pay off my contract and get a new phone or just buy a new one outright. Any help would be great! Thanks everyone
I have an iPhone 7 which is 18 months old. It is currently in contract with EE. On saturday, it just stopped working completely. I took it back to Apple who tested it and said the ‘logic board’ had broken and no one would be able to repair the phone, it would only be a replacement. I have gone back to carphone warehouse who are not interested in helping at all. Apple have written a report for me that says the following: ‘this fault is not through any fault of the user and is a hardware issue. It appears to have been getting worse over a period of time due to battery performance. The user has done nothing wrong to affect this’.
Where do I stand with this? Carphone are completely uninterested in helping and said all I can do is pay off my contract and get a new phone or just buy a new one outright. Any help would be great! Thanks everyone
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Comments
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There is nothing you can do to make them give you a new phone. As it's more than 6 months since you bought the phone you would need a report that says the fault was inherent (There from when it was bought), the report doesn't say this.
All the report says is that the phone has broken due to a hardware fault but that doesn't make them liable just because it wasn't your fault.0 -
Replacement is correctEx forum ambassador
Long term forum member0 -
The reports from Apple says enough. You don't have to have a report using the actual words "inherent fault", so long as it implies that it it's down to manufacturing or design issue rather than user inflicted will be enough.There is nothing you can do to make them give you a new phone. As it's more than 6 months since you bought the phone you would need a report that says the fault was inherent (There from when it was bought), the report doesn't say this.
All the report says is that the phone has broken due to a hardware fault but that doesn't make them liable just because it wasn't your fault.
OP, I'd send an LBA along with your "report" to CPW asking for a suitable remedy, ie, a replacement, as is your rights under the Consumer Rights Act 2015.0 -
Car phone warehouse are owned by Currys. So it is hardly surprising they do not want to know. I would persist with the consumer law angle. 18 months is not a reasonable life span for a high end smart phone.0
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The reports from Apple says enough. You don't have to have a report using the actual words "inherent fault", so long as it implies that it it's down to manufacturing or design issue rather than user inflicted will be enough.
OP, I'd send an LBA along with your "report" to CPW asking for a suitable remedy, ie, a replacement, as is your rights under the Consumer Rights Act 2015.
But it doesn't imply that it was a manufacturing or design issue. It simply says the user is not at fault and has got worse over a period of time. Many things break earlier than expected due to no fault of the user but it doesn't mean it was manufactured wrong.0 -
If something prematurely breaks down and it's not caused by the owner, whether it be excessive wear & tear or misuse then by default it's a manufacturing issue, either faulty item inherent to it's manufacture or design. It does not conform to contract, it fails the durability test, simple as!But it doesn't imply that it was a manufacturing or design issue. It simply says the user is not at fault and has got worse over a period of time. Many things break earlier than expected due to no fault of the user but it doesn't mean it was manufactured wrong.0 -
But it doesn't imply that it was a manufacturing or design issue. It simply says the user is not at fault and has got worse over a period of time. Many things break earlier than expected due to no fault of the user but it doesn't mean it was manufactured wrong.
If something breaks earlier than expected and the user has done nothing wrong, how can it be anything other than a breach of contract?
If something breaks easily during it's normal use it can't be classed as durable or fit for its intended purpose.The quality of goods includes their state and condition; and the following aspects (among others) are in appropriate cases aspects of the quality of goods—
(a) fitness for all the purposes for which goods of that kind are usually supplied;
(b) appearance and finish;
(c) freedom from minor defects;
(d) safety;
(e) durability.0 -
I have an iPhone 7 which is 18 months old.On saturday, it just stopped working completely.
Your phone is out of warranty as Apple only guarantee it for 12 months. Unless EE offered you some kind of enhanced warranty scheme (and it is unlikely that your airtime provider will offer any guarantee period that exceeds that offered by the phone's manufacturer) I cannot see what recourse you would expect.0 -
If something prematurely breaks down and it's not caused by the owner, whether it be excessive wear & tear or misuse then by default it's a manufacturing issue, either faulty item inherent to it's manufacture or design. It does not conform to contract, it fails the durability test, simple as!shaun_from_Africa wrote: »If something breaks earlier than expected and the user has done nothing wrong, how can it be anything other than a breach of contract?
If something breaks easily during it's normal use it can't be classed as durable or fit for its intended purpose.
But who decides how long the phone should last and that it isn't durable. I'm not saying either of you are wrong i just haven't seen any cases where someone has got a refund simple because the item didn't last long enough (without any proof of an inherent fault).0 -
You'll never get Apple to confirm in writing that the expected life of an iPhone battery is more than 12 months.0
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