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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Dear Sirs On 12 May 2018 my iphone 7 would for the first

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Dear SirsOn 12 May 2018 my iphone 7 would for the first time ever not turn on. Prior to that day it always turned on. I took it the same day to an Apple reseller close to my home. They checked it and couldn’t turn it on either, but said the the battery and the screen were fine, but that the phone had either a software or a hardware fault. They advised me to take it to an Apple store for checking. Yesterday, 13 May 2018, I went to the Apple store in Kingston upon Thames where they checked it thoroughly. Their verdict was that the phone is unrepairable due to an inherent fault present at the point of sale and advised me to seek replacement from O2 under Consumer Law.I purchased the phone on 16 January 2017 from an O2 shop in Oxford Street, London W1 and I have the purchase receipt. The Apple warranty is 12 months and the O2 warranty the same, so I am outside the warranty period from both. However, Apple told me that the Consumer Law for electronic products is 2 years and that I should contact O2 for a replacement phone. I went to the O2 store in Kingston where they told me that they would not replace my phone for free because it is outside their warranty period and said that Apple just want to sell more phones. I then went back to Apple who said that what I was told was not correct and that I should take it to O2 at a higher level and claim a replacement phone under the Consumer Law. There was no way for me to find out that I had a faulty phone before it stopped working.I have Apple’s technical report and can send it to you if you wish.My question to you, given the circumstances, is do I have the right under the Consumer Law to get a replacement phone from O2?If you wish to speak to me, you can either phone my office number(###) ###-####1973 or my home number(###) ###-####8386.Best regards
Frithjof S Platou

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

There is nothing in law which says electronics are 2 years.

However, what has O2 said?

Customer: replied 13 days ago.
They said that they only give a 12 months warranty, the same as Apple and wouldn't replace my phone. but I only talked to an O2 shop and could of course go to their head office

Ok - what is it you want to ask me, are you entitled to a replacement?

Customer: replied 13 days ago.
Let's do it online for now please
Customer: replied 13 days ago.
Sorry, my computer froze, but I am back up online now.
Customer: replied 13 days ago.
Do I have he right for a replacement phone from O2 or not? Apple have confirmed that my phone has an inherent fault present at the point of sale 16 months ago (beyond their 12 month guarantee period) and is unrepairable. I only discovered the fault when the phone failed to turn on two days ago. Before that it worked fine .

Technically no - it is not under warranty and under the Consumer Rights Act 2015, goods must be free from defect for a reasonable period.

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise. During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time you took ownership of it.

You have six years to take a claim to the small claims court for faulty goods in England and Wales. This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 13 days ago.
Thank you. Your answer is very clear and I five it top marks. I'll contact O2 management tomorrow and see of I can come to an arrangement with them. If not, I'll consider taking my claim to the small claims court. It seems to me that I have a good case even though I only discovered the fault after 16 months, this based on Apple's written report stating that the fault was inherent at the point of sale and have advised me to seek a replacement from O2. My phone looks like new as I have been very careful to protect it. No marks or scratches.

Great. If I could invite you to click the 5 star button - thanks!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 13 days ago.
Thank you, Jamie. I'll see what O2 say tomorrow. I have been their customer for a very long time. Could threaten them to go to the Daily Mail or something like that, but it is not really in my nature to go that way.

Great