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Should I take apple to small claims court


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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

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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

 

 

.

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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

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

We could do with some help from you.

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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/

 

 

 

.

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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

 

We could do with some help from you.

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

We could do with some help from you.

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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. 

We could do with some help from you.

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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

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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

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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

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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

 

 

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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

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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

 

 

Apple Two (2) Year Limited Warranty

 

For Apple Branded Product Only

 

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, APPLE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. APPLE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, APPLE LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT APPLE'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS COVERED BY THIS WARRANTY?

Apple warrants the Apple-branded hardware product and Apple-branded accessories contained in the original packaging (“Apple Product”) against defects in materials and workmanship when used normally in accordance with Apple's published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Apple’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

Please note: All claims made under the Apple Two-Year Limited Warranty will be governed by the terms set out in this warranty document.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any non-Apple branded hardware products or any software, even if packaged or sold with Apple hardware. Manufacturers, suppliers, or publishers, other than Apple, may provide their own warranties to you – please contact them for further information. Software distributed by Apple with or without the Apple brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Apple does not warrant that the operation of the Apple Product will be uninterrupted or error-free. Apple is not responsible for damage arising from failure to follow instructions relating to the Apple Product’s use.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Apple Product’s specifications (Apple Product specifications are available at www.apple.com under the technical specifications for each product and also available in stores); (d) to damage caused by accident, abuse, misuse, fire, earthquake or other external cause; (e) to damage caused by operating the Apple Product outside Apple’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”); (g) to an Apple Product that has been modified to alter functionality or capability without the written permission of Apple; (h) to damage caused by normal wear and tear or otherwise due to the normal aging of the Apple Product, (i) if any serial number has been removed or defaced from the Apple Product, or (j) if Apple receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Apple Product, and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase).

IMPORTANT RESTRICTION.

Apple may restrict warranty service for hardware products to the country where Apple or its Authorized Distributors originally sold the device.

YOUR RESPONSIBILITIES

YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE APPLE PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.

Before receiving warranty service, Apple or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Apple's procedures for obtaining warranty service. Before submitting your Apple Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.

DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. APPLE AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE APPLE PRODUCT SERVICED.

Following warranty service your Apple Product or a replacement device will be returned to you as your Apple Product was configured when originally purchased, subject to applicable updates. Apple may install system software updates as part of warranty service that will prevent the Apple Product from reverting to an earlier version of the system software. Third party applications installed on the Apple Product may not be compatible or work with the Apple Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.

Important: Do not attempt to open the Apple Product or remove any protective caps attached to the Apple Product. Opening the Apple Product or removing protective caps may cause damage that is not covered by this Warranty. Only Apple or an AASP should perform service on this Apple Product.

WHAT WILL APPLE DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to Apple or an AASP in accordance with this warranty, Apple will, at its option:

(i) repair the Apple Product using new or previously used Apple genuine parts that have been tested and passed Apple functional requirements,

(ii) replace the Apple Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product – e.g., a different model with the same features, or the same model in a different color) that is new or comprised of new and/or previously used Apple genuine parts and has been tested and passed Apple functional requirements, or

(iii) exchange the Apple Product for a refund of your purchase price.

Apple may request that you replace certain user-installable parts or Apple Products. A replacement part or Apple Product, including a user-installable part that has been installed in accordance with instructions provided by Apple, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an Apple Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Apple's property.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources described below before seeking warranty service. If the Apple Product is still not functioning properly after making use of these resources, please contact an Apple representative or, if applicable, an Apple owned retail store ("Apple Retail") or AASP, using the information provided below. An Apple representative or AASP will help determine whether your Apple Product requires service and, if it does, will inform you how Apple will provide it. When contacting Apple via telephone, other charges may apply depending on your location.

Online information with details on obtaining warranty service is provided below.

WARRANTY SERVICE OPTIONS

Apple will provide warranty service through one or more of the following options:

(i) Carry-in service. You may return your Apple Product to an Apple Retail or AASP location offering carry-in service. Service will be performed at the location, or Apple Retail or an AASP may send your Apple Product to an Apple Repair Service (“ARS”) location to be serviced. Once you are notified that service is complete, you will retrieve the Apple Product from the Apple Retail or AASP location without delay unless Apple notifies you that the Apple Product will be sent directly to your location from the ARS location.

(ii) Mail-in service. If Apple determines that your Apple Product is eligible for mail-in service, Apple will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Apple product, so that you may ship your Apple Product to an ARS or AASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the ARS or AASP location will return the Apple Product to you. Apple will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Apple Product are followed.

(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Apple Product. If DIY parts service is available in the circumstances, the following process will apply.

(a) Service where Apple requires return of the replaced Apple Product or part. Apple may require a credit card authorization as security for the retail price of the replacement Apple Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Apple will offer alternative arrangements for service. Apple will ship a replacement Apple Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Apple Product or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the Apple Product or part and shipping to and from your location. If you fail to return the replaced Apple Product or part as instructed or return a replaced Apple Product or part that is ineligible for service, Apple will charge your credit card for the authorized amount.

(b) Service where Apple does not require return of the replaced Apple Product or part. Apple will ship you free of charge a replacement Apple Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Apple Product or part.

(c) Apple is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Apple at the telephone number listed below.

Apple reserves the right to change the method by which Apple may provide warranty service to you, and your Apple Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. Apple may use Apple Products or replacement parts for service that are sourced from a country that is different from the country from which the Apple Product or original parts were sourced. You may be responsible for shipping and handling charges if the Apple Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Apple may repair or replace Apple Products and parts with comparable Apple Products and parts that comply with local standards.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE APPLE PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE APPLE PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. APPLE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY APPLE PRODUCT UNDER THIS WARRANTY OR REPLACE THE APPLE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE APPLE PRODUCT.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL

No Apple reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Apple Product purchase took place. Apple is identified at the end of this document according to the country or region in which the Apple Product purchase took place. Apple or its successor in title is the warrantor under this Warranty.

ONLINE INFORMATION

 

 

 

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"

 

 

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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

 

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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  

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Who have you been dealing with so far on this matter

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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

 

 

 

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

 

We could do with some help from you.

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How did you purchase it?

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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

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