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propertylawyer, Solicitor
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Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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Consumer law? Ok so took out a contract with O2 in September

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Consumer law?
Ok so took out a contract with O2 in September 2014 and had the phone replaced by apple in October 2015 due to a unrapairable damaged screen which was entirely my fault. After paying £250 for the new refurbished device I took great care with the phone by buying a case for it that blocks the charging port and headphones for extra safety. In May 2016 the phone died and as I tried to recharge the phone the apple logo appeared but then the phone went blank with a black screen. The screen then showed a low battery picture telling me to charge it, so with that I plugged it in and left it for an hour, I came back to the phone only to find the screen still blank and refusing to turn on. I contacted apple immediately and told them and managed to get a in store meeting at white city apple store. Apple checked my phone for water damage only to find that none of the sensors had indicated that it was water damage and couldn't give an explanation as to why the device was completely dead, I told them I had tried 3 different iPhone chargers and plugs. They wanted me to pay a further £220 to get another refurb phone which I refused as I only paid £250 6 months ago. I spoke to apple on their chat live online and they put me through to a senior advisor who said they can't do nothing as I am contacted with O2, I've contacted O2 and they say that the IMEI number is ***** assositated with my account with them so it's down to apple. Both companies are refusing to take the blame and have not helped me any way possible which has put a huge stress on me and due to needing a phone for work as I drive for Royal Mail. Not sure what to do apart from taking both companies to court.
Submitted: 11 months ago.
Category: Law
Expert:  propertylawyer replied 11 months ago.

Hi Adam

I think the issue here lies with the company you purchased the phone from rather than o2.

Was there a warranty or guarantee when you bought the phone?

What were the terms and conditions of purchase for the refurbished device?

Goods need to be fit for the purpose but the company may have incorporated exclusions as to its liability given that it is a refurbished device.

Do you have the contract and any terms/conditions warranty or guarantee?

Customer: replied 11 months ago.
http://www.apple.com/legal/sales-support/terms/repair/Retail_Repair_UK_Terms_Conditions.htmlthis was at the bottom of the email received from apple store after receiving the new device. They have a 90 day warranty on the their phones which would have expired but under their consumer law I have the right to claim within 5 - 6 years of purchase right?
Customer: replied 11 months ago.
http://www.apple.com/uk/legal/statutory-warranty/
Expert:  propertylawyer replied 11 months ago.

Hi Adrian

From the warranty link it would appear that you have a 1 year limited warranty.

From this document note this paragraph:

Any defect or non-conformity of goods with the contract which becomes apparent within 6 months of delivery are presumed to have existed at the time of delivery. After the expiry of this 6 month period, the burden to prove that the defect or non-conformity of goods with the contract existed on delivery generally shifts to the consumer.

When did you buy? When did you take the phone to the trader to report the fault?

If within 6 months then:

You may choose to have the phone either repaired or replaced free of charge.

Under statute it is a one attempt at repair. As this has been done you may be entitled to a replacement. It will depend on whether you reported the fault within 6 months.

Also note this:

Any defect or non-conformity of goods with the contract which becomes apparent within 6 months of delivery are presumed to have existed at the time of delivery. After the expiry of this 6 month period, the burden to prove that the defect or non-conformity of goods with the contract existed on delivery generally shifts to the consumer.

It would seem reasonable for the phone to be replaced if ou reported the fault within 6 months of the date of purchase.

I hope this helps.

Unless you have any further details or questions please rate and accept my answer.

Good luck.

Kind regards

Paul

Customer: replied 11 months ago.
I received the device on 14 October 2015 and I contacted them about the issue on 16th may 2016 so 6 months and 2 days... I've tried talking to apple but they keep on refusing to take responsibility for this issue so how can I force them to handle this issue. I can prove that the phone has not been damaged in anyway possible with the simple fact that there's not a scratch/dent on the phone and as apple have already checked that there's no sign of water damage. Their senior advisor will just tell me it's not their issue and I need to talk to O2 which I've already done but because the IMEI numbers not associated with my device they can't help me so I'm going in circles between both companies
Expert:  propertylawyer replied 11 months ago.

Ok so the six months have just expired. But by 2 days so you can still reasonably argue to a repair/replacement but you will have to prove that the goods were inherently faulty, i.e. show that there is no other cause, such as accidental damage, for the fault. To help you prove this, you may wish to obtain a second opinion.

If the seller does not help, you will need to write to them and make a more formal request. Say that you are exercising your rights under the Consumer Rights Act 2015 as the item is not of "satisfactory quality" and you would like to have it repaired or replaced. I would go for a replacement. In your letter, warn the seller that if it fails to accept to your demands you will start proceedings in the County Court.

Did you buy the phone with a credit card. If so, the credit card company will be jointly liable with the seller as the phone is not of satisfactory quality. You may then be entitled to a refund from your credit card provider under the Consumer Credit Act.

Expert:  propertylawyer replied 11 months ago.

Hi Adam

Do let me know if you have any further questions or queries. I would be happy to assist you further.

If not please can I ask you to take a moment to accept/rate my reply. Otherwise I will not get paid for the time I have taken to consider, research and type my reply. Thanks.

Kind regards

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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