Faulty iPhone - eBay Seller

francast · 29 November 2017 at 1:36PM

Good afternoon all,

In February of this year, I bought a refurbished iPhone from a registered business seller on eBay, with their own one-year warranty. Within six months it developed a fault which they "repaired" via a third-party free of charge. A couple fo months later the same fault came back along with an entirely new but related one. I contact them again, they sent me the repair company's details again to send them to faulty phone, which I did.

The repair company have since e-mailed to let me know they have the handset and agree with my boyfriend's diagnostic of what's faulty. They said there were waiting on a decision from the seller, but that the seller has gone quiet on them.

Now both the seller and the third party repair company have gone quiet after chasing for nearly two months to get an update so I'm without both the phone or a refund of any kind.

I've since sent them a letter stating my rights and their responsibilities under the Consumer Rights Act 2015, given them 14 days to respond which they have not (elapsed Tuesday).

Do any of you have any good advice at this point, or is my only recourse to drag them to small claims court?

Many thanks in advance,

Francesca.

JJ_Egan · 29 November 2017 at 2:33PM

<I've since sent them a letter stating my rights and their responsibilities under the Consumer Rights Act 2015>

As in what are you claiming are their responsibilities .

Is them the vendor ?? you have sent the letter to .

Is the vendor still trading ??

francast · 29 November 2017 at 3:03PM

Thanks for the reply.

Yes, I've sent the letter via eBay messages to the seller.

They appear to still be trading as they're getting a lot of reviews on eBay still.

mobilejunkie · 29 November 2017 at 7:34PM

It needs to be a Letter Before Legal Proceedings in a proper format and I'm not sure sending a message on Ebay would qualify. It needs to go to their registered company address and I would post it. It needs to go to the seller and unless Ebay can help obtain a refund your only recourse is to then instigate a small claim (assuming they ignore a proper LBA).

macman · 29 November 2017 at 7:49PM

Does the vendor's warranty actually cover the new fault? Does it allow for more than one repair during the warranty period? If not, then as the phone is over 6m old, you'd have to prove a pre-existing fault with a report at your expense.

francast · 1 December 2017 at 10:29AM

I did send it via e-mail first and then via eBay messages to "make it more official."

Is it legally required to be sent via snail mail too?

Re their warranty, they wrote back to me via eBay messages to say that their repair company withh either fix and return it, else they're offer a replacement. That was the last I heard from them. At first the repair company replies a few times, the technician said he couldn't get ahold of them too (yet they're still actively selling on eBay...)

mobilejunkie · 1 December 2017 at 12:41PM

Email would be sufficient IF it was a proper LBA.

Faulty iPhone - eBay Seller

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