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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have two iPhones on contract Which started in November 2012,

Resolved Question:

I have two iPhones on contract Which started in November 2012, one of the phones has irreparable broken down and after getting an apple engineers report stating this .we made contact with tmobile regarding a replacement phone.we have got apple saying its tmobiles problem because they sold us the phone and tmobile say it has nothing to do with them it's apples problem?. Who is right please?.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name is***** can assist you with this.

tdlawyer :

Legally, the responsibility for any defective phone or item generally will be with the people that sold it to you. If you took out a contract through tmobile, and paid it for the phone and contract, then it is likely to be liable to you for good of unsatisfactory quality under s.14 of the Sale of Goods Act 1979.

tdlawyer :

The manufacturer has no contract directly with you, although in a lot of cases, they do provide separate warranties or promises to correct defective items for you. However, usually, this last only for 12 months for electrical items, but manufacturers can offer longer periods if they so wish.

tdlawyer :

Your legal rights though will likely be against Tmobile.

Customer: We have stated this to tmobile and they just won't help with the problem and yesterday I spoke to two different people at tmobile customer services, one who sent me on a 20mile trip to a tmobile shop which was a waste of time and money because they can't repaired phones there,so while I was there I rang customer services again and the guy put the phone down on me when I asked for my PAC code
tdlawyer :

I've had experience of large customer services departments in the past and it can be difficult to get a lot of sense out of them sometimes.

tdlawyer :

It feels like they're stuck to scripts sometimes.

tdlawyer :

The only thing I can suggest if you put something in writing and send it in to their customer services team. If that doesn't work, then consider suing them, as court proceedings get passed to lawyers that know what they legal position is!

Customer: What's the position with this e u consumer law that Apple suggested using
tdlawyer :

That's it really - sale of goods legislation.

Customer: With these phones being bought has a contract with tmoblle because one of the phones now can't be used as the contract states is the contract void
tdlawyer :

That's a good question: they will say no, because they're separate. But, you might say in response, that you need the phone to use the line, which isn't strictly true, as you could buy another phone. I expect if the court had to decide this, (and I'm unaware of a court decision on this point at high level) then I expect it might say it's the latter - you could buy another phone and then sue the phone company for that cost instead rather then end the minimum term service contract.

tdlawyer :

And I expect the reason cases like this don't appear too often before the courts is they get settled quickly when (if) you issue court proceedings against the operators.

tdlawyer :

Does this answer your question please?

Customer: What's my best way of resolving this problem because we are being past from one to another and getting nowhere?.
tdlawyer :

Personally, I take the view that the best thing to do is to sue them in the small claims court. You don't get bounced everywhere then

tdlawyer :

you get a lawyer involved most often trying to settle it with you.

Customer: Ok thank you
tdlawyer :

Can I ask whether you're happy with this service please?

Customer: Yes good service
tdlawyer :

Thank you!

tdlawyer :

Have a good weekend.

Customer: You to
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