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  • FIRST POST
    • Stardustjunkie
    • By Stardustjunkie 11th Apr 18, 9:52 PM
    • 22Posts
    • 7Thanks
    Stardustjunkie
    Iphone completely dead - where do I stand?
    • #1
    • 11th Apr 18, 9:52 PM
    Iphone completely dead - where do I stand? 11th Apr 18 at 9:52 PM
    32gb Iphone 7 on contract with EE. Contract started 7th December 2016, so the phone is 1 year 4 months old.

    I did nothing.. the phone was fine. I put it on my bedside table and went to sleep. Woke up in a panic this morning because my alarm hadnt gone off, to discover a dead phone. I took it to a local shop who run some tests and determined it's not the battery or the screen, it's just completely died.

    EE told me i can upgrade early for 229 (not a chance), or send it off for repair at an unknown cost. This will take about 2 weeks minimum.

    Alternatively Apple do out of warranty repair for about 350 (again, not a chance).

    Contents insurance isn't possible as I am lodger and don't want to put it on my housemates insurance, losing her no claims.

    Feeling very frustrated and think it's incredibly unfair that this happened at no fault of my own. Am I protected by any laws?
Page 2
    • d123
    • By d123 12th Apr 18, 9:53 PM
    • 7,219 Posts
    • 4,658 Thanks
    d123
    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.
    Originally posted by Stardustjunkie
    No, your contract is independent of the handset.

    You'll trash your credit file if you start messing about like that....
    ====
    • mobilejunkie
    • By mobilejunkie 13th Apr 18, 7:48 AM
    • 7,716 Posts
    • 2,483 Thanks
    mobilejunkie
    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.
    Originally posted by boatman
    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
    • By glentoran99 13th Apr 18, 7:50 AM
    • 5,248 Posts
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    glentoran99
    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.
    Originally posted by Stardustjunkie


    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
    • By Stardustjunkie 14th Apr 18, 4:34 PM
    • 22 Posts
    • 7 Thanks
    Stardustjunkie
    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
    • By Jon 01 14th Apr 18, 5:12 PM
    • 5,047 Posts
    • 1,624 Thanks
    Jon 01
    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
    Originally posted by Stardustjunkie
    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
    • By boatman 17th Apr 18, 2:56 PM
    • 3,899 Posts
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    boatman
    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.
    Originally posted by mobilejunkie
    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
    • By Stardustjunkie 28th Apr 18, 2:10 PM
    • 22 Posts
    • 7 Thanks
    Stardustjunkie
    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
    • By macman 28th Apr 18, 5:10 PM
    • 41,889 Posts
    • 17,377 Thanks
    macman
    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
    Originally posted by Stardustjunkie
    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
    • By Stardustjunkie 28th Apr 18, 7:57 PM
    • 22 Posts
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    Stardustjunkie
    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
    • john22
    • By john22 28th Apr 18, 8:20 PM
    • 430 Posts
    • 247 Thanks
    john22
    No it doesn't. EE have no legal obligation here to do anything: they've gone beyond what consumer law requires, luckily for you.
    Originally posted by macman
    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
    • By macman 28th Apr 18, 9:15 PM
    • 41,889 Posts
    • 17,377 Thanks
    macman
    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
    Originally posted by Stardustjunkie
    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
    • boatman
    • By boatman 28th Apr 18, 11:46 PM
    • 3,899 Posts
    • 2,790 Thanks
    boatman
    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.
    Originally posted by macman
    EE would look pretty silly going to court having sold a phone with a 2 year contract and it not lasting 2 years, I think that would be a good definition of 'not fit for purpose', and not lasting a reasonable length of time.
    • mobilejunkie
    • By mobilejunkie 29th Apr 18, 12:17 PM
    • 7,716 Posts
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    mobilejunkie
    EE would look pretty silly going to court having sold a phone with a 2 year contract and it not lasting 2 years, I think that would be a good definition of 'not fit for purpose', and not lasting a reasonable length of time.
    Originally posted by boatman
    There'd be nothing silly about defending a case where the law is on their side.
    • boatman
    • By boatman 29th Apr 18, 9:18 PM
    • 3,899 Posts
    • 2,790 Thanks
    boatman
    There'd be nothing silly about defending a case where the law is on their side.
    Originally posted by mobilejunkie
    How would the law be on their side? Obviously provided you haven't damaged your phone yourself of course, that doesn't appear to be the case here.
    Last edited by boatman; 29-04-2018 at 9:22 PM. Reason: ii
    • mobilejunkie
    • By mobilejunkie 30th Apr 18, 7:48 AM
    • 7,716 Posts
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    mobilejunkie
    Haven't we been over this??

    Just because a contract lasts 24 months doesn't mean a warranty does, whether some people think it should or not. The contract length is for the air time, not the phone.
    • Enterprise 1701C
    • By Enterprise 1701C 30th Apr 18, 8:23 AM
    • 19,280 Posts
    • 208,217 Thanks
    Enterprise 1701C
    This to me is another reason to avoid Apple.

    A lot, admittedly not all, or the other manufacturers give a 2 year warranty with their phones. I know Samsung do, and my current handset, a Huawei, comes with a 2 year warranty too.
    What is this life if, full of care, we have no time to stand and stare
    • boatman
    • By boatman 30th Apr 18, 8:50 AM
    • 3,899 Posts
    • 2,790 Thanks
    boatman
    Haven't we been over this??

    Just because a contract lasts 24 months doesn't mean a warranty does, whether some people think it should or not. The contract length is for the air time, not the phone.
    Originally posted by mobilejunkie
    An Apple standard warranty doesn't cover it, its only 12 months for iPhone, but consumer law could well cover it provided you go through the appropriate steps.
    • john22
    • By john22 30th Apr 18, 8:54 AM
    • 430 Posts
    • 247 Thanks
    john22
    This to me is another reason to avoid Apple.

    A lot, admittedly not all, or the other manufacturers give a 2 year warranty with their phones. I know Samsung do, and my current handset, a Huawei, comes with a 2 year warranty too.
    Originally posted by Enterprise 1701C
    1 year or 2 year warranty is neither here or there it comes down to working within the consumer rights act 2015 which all retailers have to adhere to. Within that act there are time frames that will either put the burden on the retailer or the consumer.

    https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

    Your not getting any more protection if a company slaps on a sticker or promotes saying 1 year or 2 year warranty.
    • Enterprise 1701C
    • By Enterprise 1701C 30th Apr 18, 9:31 AM
    • 19,280 Posts
    • 208,217 Thanks
    Enterprise 1701C
    1 year or 2 year warranty is neither here or there it comes down to working within the consumer rights act 2015 which all retailers have to adhere to. Within that act there are time frames that will either put the burden on the retailer or the consumer.

    https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

    Your not getting any more protection if a company slaps on a sticker or promotes saying 1 year or 2 year warranty.
    Originally posted by john22
    Agreed, but it makes it a lot easier when they say they have a 2 year warranty, it shows a certain amount of willingness on the half of the manufacturer and you don't have to jump through hoops just to get them to fix the problem.

    And yes, on a couple of occasions (not for phones) I have had to jump through hoops to get people to do as they should just because the warranty/guarantee has run out.
    What is this life if, full of care, we have no time to stand and stare
    • john22
    • By john22 30th Apr 18, 9:37 AM
    • 430 Posts
    • 247 Thanks
    john22
    Agreed, but it makes it a lot easier when they say they have a 2 year warranty, it shows a certain amount of willingness on the half of the manufacturer and you don't have to jump through hoops just to get them to fix the problem.

    And yes, on a couple of occasions (not for phones) I have had to jump through hoops to get people to do as they should just because the warranty/guarantee has run out.
    Originally posted by Enterprise 1701C
    Well if in the past you have bought a faulty Apple Product and had to jump through hoops to get them to fix it and it was not to your standard then by all means take your business elsewhere. But the warranty thing is meaningless as no Company can please every customer and the consumer rights act is there to try and resolve the issue so that both the retailer and the customer can move on from the unfortunate incident
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