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Ben Jones
Ben Jones, UK Lawyer
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My granddaughter bought an iPhone 6 on a contract but

Resolved Question:

My granddaughter bought an iPhone 6 on a virgin contract but the phone is playing up & not working properly she took it back to virgin they said she has to send it back to Apple is this right
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did she buy the phone?
Customer: replied 1 year ago.
October 2015
Expert:  Ben Jones replied 1 year ago.
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:· of satisfactory quality – they must not be faulty or damaged when you receive them;· as described – they must match any description given to you at the time of purchase; and· fit for purpose – they should be fit for the purpose they are supplied for, If they do not match the above requirements, she will have certain legal remedies against the seller. Her rights will not necessarily be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. If there was a guarantee in place, which I presume there would be at this stage as it is less than a year since purchase, she can rely on it but she does not have to. In effect she has two sets of rights working in parallel – one set against the seller and one set against the manufacturer. Just because the manufacturer covers this under a warranty does not mean she has to use it and she can still pursue the seller under her statutory rights still. If the goods do not meet the criteria mentioned above, you will have the following rights: 1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase. 2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. If a repair has been arranged but has failed, or if a repair or replacement are not possible, you are still entitled to ask for a refund, or a price reduction. Alternatively you could get a second repair or replacement at no extra cost to you. However, the retailer can refuse if they can show that your choice is disproportionately expensive compared to the alternative. A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to the consumer to prove that they did not meet the statutory requirements set out above at the time of sale. As she is outside of the initial 30 days and are too late to reject them, she can still try and resolve this by contacting the seller and asking them for a repair or replacement. She can quote the applicable rights she has under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, she will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for her losses. This is your basic legal position. I have more detailed advice for you in terms of the steps she can take to progress things further if the seller does not resolve this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whilst she can try and go through Apple to get a free repair if it is covered under warranty, if this is not possible and she ends up having to pay for repairs and the seller refuses to assist her with a replacement, she can consider making a claim against them. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: {C}1. Follow the internal complaints procedure until full completion {C}2. You can complain to CISAS, the independent complaints body (full details on how to do the first two steps can be found here: http://www.virginmobile.com/vm/media/pdf/Complaint_code_Jan_11.pdf) {C}3. If the two steps have not resolved matters - Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. {C}4. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. {C}5. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.