iPhone Faulty - Carphone Warehouse Refusing To Help

[outlandish]

Hi All,

 

I have had my iPhone 4s for 15 months,

bought under contract with 3 from carphone warehouse in the UK.

 

Apple warranty is 1 year only but under EU-wide Consumer Laws & Sale of Goods Act 1979 this can be extended for 2+ years in the UK.

- doesn't apply - dx

 

The iPhone has developed a manufactures fault as the wi fi does not work (switch dimmed out). I had this diagnosed at the apple store.

 

Apple said they would fix the phone under EU Law & SOGA if I bought it direct from them

but as I bought it from carphone warehouse, they stated that after 1 year I must speak to the retailer.

 

 

Now carphone warehouse (retailer) say they only follow apple's 1 year warranty on iPhones and it would be a chargeable repair (£160).

Even though Apple said the warranty would be for at least 2 years for a free replacement had I bought it from them.

 

Carphone warehouse did mention about proving the fault was there in the first 6 months

but of course it has only shown itself now otherwise I would have reported it within 6 months

which they have no record of me doing.

 

 

This may have got me a replacement for free but I was thinking along the lines of:

satisfactory quality, fit for purpose & durability.

 

 

I am 15 months through a 24 month contract with an iPhone that I mainly used for wi fi which does not work (particular purpose).

 

No Wi-Fi equals not being of satisfactory quality, not as described and not fit for purpose.

For a phone that cost so much and is under a 24 month contract which is partly paying off the cost of the phone

you would expect it to last a reasonable length of time, at least through the duration of the 24 month contract.

 

Question is

 

 

do I need to prove it was faulty within the first 6 months

and if so, how is it possible to do this when the problem has just manifested now.

 

 

I believe that the fact an Apple technician has diagnosed the phone admitting it is a manufactures fault

and offered to fix it outside the initial warranty had I purchased direct from Apple is enough evidence to suggest it is an inherent fault.

 

UPDATE #1

Just got off the phone after a heated conversation with carphone warehouse who claim 100% that as the fault was not there in the 6 months

they cannot and will not do anything, bottom line.

 

 

I quoted SOGA, not as described, not of satisfactory quality, not fit for purpose, reasonable time,

the fact apple will fix it if I had bought it from them,

they clearly stated that Apple only offer a 1 year warranty and they abide by that.

 

 

The rude condescending woman Michelle from Carphone's repair department in Preston then told me to go to trading standards and hung up.

 

UPDATE #2

Just got off the phone to trading standards and they have stated that:

initial 6 months has no bearing on statutory rights as I cannot report a problem with the phone being faulty if it was not present at that time.

Furthermore, I would only have to prove there was a fault in the initial 6 months if I had caused a fault through my own damage (no wear/tear or personal damage).

 

 

They then confirmed that carphone warehouse are legally obliged to replace or repair or possibly refund the phone if goods are defected even after 15 months.

 

Next course of action is a recorded letter to the carphone warehouse store I bought the phone from.

If there is no response then I should send another letter.

If there is again no response then Small Claims Court

- the cost will be around £25 for this which I am not worried about as this is a matter of principle.

If I was that worried about the cost I would just use my phone insurance!

 

 

After being treated so poorly by carphone warehouse I feel like taking this all the way

and the fact trading standards have confirmed that they are in the wrong makes me even more determined!

 

It should be worth noting that trading standards put emphasis on Section 11N of the Supply of Goods and Services Act 1982

 

However,

I do not want to end up looking silly!

If trading standards have told me I am in the right and do not have to prove there was a fault in the first 6 months, is this gospel?

I assume so considering that's who carphone warehouse told me to go to, in a recorded call.

[renegadeimp]

Stay off the phone. Get complaints rolling in writing.

[jaegerbomb]

If the time limit has expired on the guarantee, you cannot make a claim.

 

 

However, if you can show that the goods were not of satisfactory quality at the time of sale

then you may have a claim against the trader under the Sale of Goods Act 1979.

 

What you will find difficult is proving the fault existed at point of sale,

as your argument is essentially nullilfied by the fact that you accepted the phone

and have used it for a period of 15 months without issue.

 

I'm sure you are aware things do break and the issue you describe is actually common in iphone 4s

that have been updated to IOS7. See: IOS7 4s overheating wifi chip

 

This is a fault caused by Apple's update rather than the hardware at point of sale.

 

I don't know if this affects your case but I would think you have a stronger case against Apple than Carphone?

3gdotcodotuk/PR/Oct2013/iphone-4s-wifi-overheating-with-ios-7dothtml

 

Anyone else?

[renegadeimp]

SOGA covers the OP completely here. Especially as it is a known manufactures fault as confirmed by apple.

[outlandish]

SOGA covers the OP completely here. Especially as it is a known manufactures fault as confirmed by apple.

 

Thanks for the input

but what about me the customer having to prove the fault was there in the first 6 months

when I have already told them it wasn't faulty then

and them using that as their sole defense against me?

 

 

I am hoping what I mentioned previously holds weight where Trading Standards have said they cannot use that against me

and it has as has no bearing on statutory rights as I cannot report a problem with the phone being faulty if it was not present at that time.

 

 

Furthermore, I would only have to prove there was a fault in the initial 6 months if I had caused a fault through my own damage (no wear/tear or personal damage)

[renegadeimp]

If its a known manufacturers fault then it doesnt matter. Tjey should fix it regardless.

[dx100uk]

yes ignore post 3

 

 

if the manu acks the fault

YOU don't have to prove the fault

 

 

its a complete refund or replacement under soga.

 

 

dx

[outlandish]

Thanks!

 

If this goes to the SCC I understand I have to pay a £25 fee but if I lose how bad could the damage be?

[raydetinu]

You would only loose your fee.

However your best course of action is to gather as much evidence you can that Apple acknowledge there is a fault with that chip, get off internet or get Apple to confirm in an Email.

the fault does not have to appear in the first six months, however after that time you have to provide evidence that it is an inherent fault.

So with your evidence write to Retailer and ask the replace or repair or will take them to court using Soga and the evidence you have obtained.

[Worstutility]

Hi there!

 

I just wanted to let you know that I will be attending Carphone Warehouse tomorrow because exactly the same thing has happened to me with the Wifi being greyed out. I am with Vodafone and approached them first because they are my contract provider and they advised that it is a known problem with the iPhone 4S since the 7.0.4 update where the wifi chip has burnt out after my phone became really hot.

 

I am not hopeful that they will repair or replace and am going to take it all the way so will let you know what happens once I have been to the shop tomorrow. I am not prepared to pay anything to get this fixed as it happened 3 days after my warranty expired!

Worstutility

[Purpleflowers 2]

Very well said - Car Phone Warehoue won't be able to wiggle their way out of this!

 

You would only loose your fee.

However your best course of action is to gather as much evidence you can that Apple acknowledge there is a fault with that chip, get off internet or get Apple to confirm in an Email.

the fault does not have to appear in the first six months, however after that time you have to provide evidence that it is an inherent fault.

So with your evidence write to Retailer and ask the replace or repair or will take them to court using Soga and the evidence you have obtained.