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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, My iphone 5 has recently stopped working through no

Resolved Question:

Hi,

My iphone 5 has recently stopped working through no fault of my own after being fobbed off for 2 weeks O2 finally agreed to send my phone to their repair centre to ascertain the problem. Several day later I received a call saying it will cost c.£200 for a replacement. When I questioned them on the fault they told me they were unable to tell me what was wrong as it was out of its 12 months warranty and my only option was to buy a replacement phone.

I am happy to take responsibility if the fault was caused by myself but I don't feel its fair it the phone is no longer working due to a component failure after 15 months of purchase. I've spoken to the customer complaints department and told them I didn't believe my phone was fit for purpose and under the Sales of Goods Act 1979 O2 should either fix or replace my phone. However they refused to acknowledge my issue.

Please can you advise me on next steps?

Regards XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How did you pay for the phone please?
Customer:

Hi I paid £180 for the phone by debit card on a 24 month contract. I then pay £15 a month for the phone and £26 a month for the tariff

Alex Watts : Thanks. It's bad news I am afraid.
Customer:

Oh no really?

Alex Watts : The Sale of Goods Act applies for a reasonable period for goods to be fit for purpose etc. this is generally accepted as being up to 6 months. Anything over this then you rely on their warranty.
Alex Watts : I assume like most places you have a choice to extend the warranty.
Alex Watts : But sadly over 6 months you rely on the warranty and if out of warranty then you are stuck.
Alex Watts : Thats not to stop you bringing a small claim, they may offer say £100 to make you go away.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thanks Alex I would prefer not to bring a small claim if I can help it. Next time I will have to buy a more reliable phone. Thanks for your time.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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