Getting an out of warranty repair under the Sale of Goods act.

[Jotun]

My girlfriend bought an iPhone 3gs just under 2 years ago and it has recently stopped working. I've tried restoring it on a few computers with no luck, and the install log mentions a problem with the modem. I tried taking the phone in to the store today and was told I'd need to pay £140 for a replacement as the 1 year warranty has expired.

I told the guy that I wasn't happy with that as I thought it was unreasonable for the phone to not even last 2 years. I mentioned that the Sale of Goods act said that an item should last a reasonable amount of time and you can buy the phone on a 2 year contract so I would expect it to last at least that long.

He said there wasn't anything he could do and has given me a number to phone to speak to Apple's legal team. Also if I wish to process a small claims complaint then the only number to call is one in America - this seems unreasonable to me as it would probably mean me ending up with huge phone bills.

I'm just wondering if anyone has been in a similar situation in the past and what the outcome was? I'm rather annoyed with the response I got as it feels like I have just been fobbed off, it seems ludicrous to just accept that a £440 phone is only expected to last a year.

 

[Jotun]

Contacted Apple? Maybe they will replace the phone for you?

Yeah I went to the store today, they want £140 to replace it

 

[Jotun]

Sorry if I wasn't too clear in the first post, the phone wasn't bought on a contract - it was bought outright. That was just the example I gave in the shop as to how long I'd expect it to last at a minimum.

Wrong and wrong.

You need to send a Letter Before Action to the retailer it was purchased from. This needs to outline your complaint and what you would like doing about it. Be firm, but polite. Also give them 14 days to respond, and state this in the letter.

If they still refuse to help, you need to issue Small Claims action against the retailer for the value of the goods. Once they receive this, they will fold and offer to replace as in court they would lose, without a doubt.

Remember, your contract is with the retailer and NOT Apple unless it was bought from them!

The phone was purchased from apple. I was given a technical support number as well, which I will give a go on Monday but I'm not holding out much hope for that being any use as it mentioned that I may have to pay for per incident support.

Try emailing their support/head of department explaining the situation and that you're not happy?

I've found this way to be the better way for replacements/repairs with any company.

I would do this as well but I can't seem to find any email addresses on their website.

The problem is that reasonable time (up to 6 years in England and 5 in Scotland.
Does not cover fair wear and tear and it's unto the Customer to prove that the fault was present at time of manufacture. Companies are also unwilling to just bend over for this as it would open up a hole can of worms for them.
The only real way is through small claims court, but even then I don't see how you can win, unless it is a very common problem with the product.

Anyway interesting article here on it, might give you a better idea of what's what.
http://www.whitegoodshelp.co.uk/wor...es-us-6-years-to-claim-for-faulty-appliances/

Interesting link, I would try and argue that the fault is down to a lack of durability rather than wear and tear, as the install log appears to suggest it is a hardware problem as the modem no longer works. From the link you provided this should be covered under the Sale of Goods act:

“There needs to be a fault that was present on the day of sale even though it only became apparent later on, or a mis-description of the goods, or a lack of durability that suggests the goods were not of satisfactory quality to start with”.

 

[Jotun]

Contract has nothing to do with it, a contract is essentially paying for the product as I'm sure you know but is not associated with the device.


It is, but usually a report stating the device is beyond repair and has a fault that has not been caused by the end user is enough. The company I'm now associated with writes such reports, and once the retailer gets wind they're facing quite a legal battle they will back down.

It's all about loss prevention, a retailer will lose quite a lot if they defend and then lose. It's usually easier for them to replace the handset.

Do you know what the typical cost for these reports would be? I was hoping that Apple would have agreed to take the phone and have a look at it to determine the cause of the fault, and then take it from there. As it is though they didn't even take the phone out the box to look at it!

 

[Jotun]

Except it wasn't - the contract will specifically stated the handset is supplied outside of the terms of the contract. This is why you don't need to return it if you terminate early due to a change in T&C's or whatever

Sorry I wasn't clear in the first post - the phone was bought outright for £440 with a pay as you go sim card.

 

[Jotun]

So what relevence to your case does the 24 month contract have?

I mentioned it as the sale of goods act only says that an item should last for a reasonable time, rather than any exact figures. I mentioned that as the phone is available on a 24 month contract I would expect the phone to last at least that long.

 

[Jotun]

As stated contract has no relevance at all - if you buy it on Pay As You Go or on contract you have the same rights, and a court would see either in the same way.

Reports are usually between £25 and £50 depending where you get one, however this is claimed back when you win.

To be honest at less than 2 years old it is when you win and not if - I've not heard of one being struck out or winning on the side of the retailer.

Do the reports have a specific name? Could you recommend any company to go to? I wouldn't know where to start looking for someone to do this. I'm going to have a go phoning them up on Monday although I'm not too optimistic that I will get anywhere with that either.

Rather annoyingly, they don't appear to have a complaints department, I can only find a postal address for "Apple Sales International".

 

[Jotun]

This is why you should buy a SAMSUNG GALAXY S2 !

Well I have been weighing up the other options, I did consider putting the phone on ebay, I've seen some go for ~£100 when stuck in recovery mode, add that to the fee apple wanted for a new phone and she'd have £240 to get something new. She did quite like her phone so I think she'd probably rather just pay the money to get it replaced if she had to.