Should I take apple to small claims court

[tedfud]

HI

 

In 2020 November I paid 1200 pounds for a new ipad pro. Lovely.

In January 2022 It was replaced as it developed a fault.

This year it started to bend, Every so slightly. It was getting warmer and two days ago after charging it had bent a lot!. I now has developed screen issues and looks close to cracking under the strain.

I took it in to apple yesterday at Coven garden and they said 760 to fix it.

Is it worth a claim in small claims court.

Do I have any rights to repair/ replacement/ discount on new model.

I have no extra apple care

Many thanks for any advice

 

tedfud

[Andyorch]

Welcome to the forum.

 

I have moved your topic to the General Retail Forum please continue to post here.

How did you make the initial purchase on line or in store ?

Apart from the standard Apple 2 year warranty you have further protection under the Consumer Rights Act 2015.

 

https://www.apple.com/legal/warranty/products/warranty-edition-row-english.html#:~:text=Apple warrants the Apple-branded,of original retail purchase by

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

 

Andy

 

 

.

[tedfud]

7 minutes ago, Andyorch said:

Welcome to the forum.

 

I have moved your topic to the General Retail Forum please continue to post here.

How did you make the initial purchase on line or in store ?

Apart from the standard Apple 2 year warranty you have further protection under the Consumer Rights Act 2015.

 

https://www.apple.com/legal/warranty/products/warranty-edition-row-english.html#:~:text=Apple warrants the Apple-branded,of original retail purchase by

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

 

Andy

 

 

.

Hi Andy

 

Thank you for the speedy response. Apple claim that they are bound by a two year window from purchase. After that they say they are Not liable if the claim wasn't made within it. Is this nonsense ?

 

best

 

ed

[Andyorch]

Take a read of the legislation Consumer Rights Act link above that will enlighten you to what protection and satisfaction you are entitled to. 

[Andyorch]

Quote

Under consumer laws in the UK, consumers are entitled to a free of charge repair and (depending on the circumstances) may be entitled to a replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods.

https://www.apple.com/uk/legal/statutory-warranty/uk/

 

 

 

.

[just_jue]

It sounds like the battery is faulty and has expanded cracking the ipad, seen it happen a few times mainly in phones

[Andyorch]

Apparently 2020 models are known for this due to the soft aluminum casing and the heat of the battery bending it.

https://www.youtube.com/watch?v=L0Nu64hBDhk

 

[tedfud]

yup..That's what the gut in the store said...still won't fix it though. I can't tell if it's just a case of seeing how far i'll go before they will help

 

best

 

ed

[Andyorch]

Watch the clip above its an easy fix you can do yourself

[tedfud]

HI

 

That's a different model. Mine is pro and very bent. I think they should fix it as it cost me 1200 pounds

 

best

 

t

[Andyorch]

Perhaps but all the models from that period used cheap aluminum backs but I fully agree they should sort it...its bad enough that Apple products are obsolete after 5 years bent or not....hence the cheap throw away tablets. 

[BankFodder]

Apart from the consumer rights act, I'm interested in the guarantee that you have referred to.

You suggested that not only must the fault occur within the two years but also you must report it within the two years – is this correct? Have I understood you correctly?

Please can you post up the text of this part of the guarantee conditions together with a link

[tedfud]

this is what the nice man at the genius bar said.I've been on the phone for 3 hours just trying to find out who to serve notice to regarding my court complaint. I have easily given apple 50K over the years ( 8 computers 7 laptops 6 phones 5 ipods 6 ipads !!!!

 

best

 

e

[BankFodder]

I'm afraid that your three hour wait is not really relevant to this problem.

I understand that you had a two-year guarantee – please can you tell us about it – timeline when the fault appeared and when you attempted to reported.

Also, I asked you to reproduce the text of that part of the guarantee – and you haven't addressed this request

[tedfud]

i don't have it. its on apples web site. 

 

bought 2020 dec

fault reported 2022 jan. item replaced

fault re-appeared 2023 aug . told to find a medium size body of water..and fully immerse from a height of several feet after traveling short distance under  own power

 

best

 

e

 

Apple Legal - Apple Two (2) Year Limited Warranty

WWW.APPLE.COM

 

[BankFodder]

It would be enormously helpful to you – not to us, but to you – if you could get the guarantee even though it is on Apple's website and reproduce it here and give us a link.

We are trying our best to help you and you need to do your bit.

You could claim under the consumer rights act but in calculating a level of damages, a judge would take into consideration the amount of use that you have had out of the telephone and your damages award would be reduced by that percentage.

For instance, if a judge considered that the expected life of this iPhone was six years and you had used two years, then your award would be reduced by 33%.

On the other hand if we can find a way of using the guarantee in your favour then you might be able to recover everything.

It's up to you whether you want to bother

[tedfud]

1 hour ago, BankFodder said:

It would be enormously helpful to you – not to us, but to you – if you could get the guarantee even though it is on Apple's website and reproduce it here and give us a link.

We are trying our best to help you and you need to do your bit.

Sorry I thought I did that!

 

 

Quote

 

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Here it is. I have just got off the phone with apple. They say their guarantee is two years. They won't acknowledge any other . Their positions is "unless a court tells us to we won't repair your unit free of charge"

 

 

[BankFodder]

Thank you.

So the warranty runs from the date of the original retail purchase. That means that the warranty begins from 2020 when you bought the first phone and it didn't begin again with the new phone.

This means that you have to rely on the consumer rights act.

They have quoted you are a repair of £760. A new phone I understand cost £1200. You have used it for three years. Let's say the life expectancy of the phone is seven years, that means that an award would be reduced by 40% (give or take) and that means you would be entitled to recover 800 quid. Those are my calculations, Apple might argue differently or of course they might simply pay you are a new phone which would be a sensible and businesslike decision for them to take – but they probably wouldn't.

I think you will have to begin a claim under the consumer rights act. You could have for the entire £1200 and then see what happens in terms of an offer or a final judgement. Do understand that if you issue a claim that it could go on for as long as nine months or maybe more.

You could instead issue a claim simply for the repair bill – but the time that the court action would take would be broadly the same.

You have to look up the County Court fee scale to see how much it would cost to bring a claim for £1200 as against £760. Your chance of success are extremely high – although if a County Court judge awarded you a reduced figure against the £1200 you are claiming then also your court costs would be reduced to reflect the lower claim.
Let me know if there are some things you don't understand.

Frankly I think I would go for the 1200 – especially if you have evidence that other telephones have been demonstrating the same problem and so that it could be said to be a design fault.

You choose

 

[tedfud]

Wow. Thank you so much !… most helpful ,and just what I needed. If I could ask you a bit more. I live in london.  Apple have basically said they have no legal dept I can contact. Should I just file in small claims court ( I’m going to go with 1200 pounds) and use the Covent Garden store as the defendant ?

 

also on the Government website they seem to take great store in ones obligations to resolve this before their involvement . To that end should I write to Covent Garden outplaying my intentions and asking if they’d reconsider before I took action?

 

once again , many thanks for all your help

 

best

 

t  

[BankFodder]

Who have you been dealing with so far on this matter

[tedfud]

Tuesday Morning genius bar appointment. 

 

This morning tech support

 

Then Customer complaints Cork Ireland. I have a case ID and supposedly someone will get back to me but the AI ( for that's what it seemed to be ) that they use for deciding cases said I had to pay and they weren't liable. The Cork phone call confirmed this. The rep said he had inputted all my details and the firm cutoff date for liability was dec 2022.

 

So i wonder ( as the only address I have fro apple is cork and outside the UK's legal jurisdiction) if I just use Covent Garden Apple Store as the conatct

 

Best

 

e 

 

 

[FTMDave]

I was just looking at this for another case  https://www.gov.uk/make-court-claim-for-money/court-fees

 

[BankFodder]

How did you purchase it?

[tedfud]

In the store with Monzo bank card

 

best

 

e

 

 

[BankFodder]

yes, but which store?  It would be really helpful if you have give full answers and not leave us guessing all the time. It would save a lot of time especially as we are trying to help you for free