Iphone 4!!!

cooper1488

New Member
Oct 13, 2011
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Hi,

I have a Iphone4 that is 40 days out of the warranty. The problem i have is that i cant talk to anyone during a phone call, but the mic is working fine as it allows me to record voice memos etc. I have took the phone to the apple store today and they confirmed that nothing has been damaged inside the phone and that everything seems ok but they couldn’t do anything else for me. I then called up my Three who i got the phone from and that am still in contact with, they also said they cant do anything for me but offered to fix the phone for a fee! I have said to them that under Fit for Purpose act that this should be fixed for free and that i cant be charged as i haven’t damaged the phone and the phone is faulty. Am i right to think that the phone should be fixed for free as i haven’t damaged the phone?

Thank you
 

cooper1488

New Member
Oct 13, 2011
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I paid some money towards the phone then rest was the contract for the phone, paid around 80 up front am sure and contract is 45 per month for 24 months
 

trickygj

Moderator
May 31, 2010
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Cheshire
www.richardgjohnson.co.uk
cooper1488

Ok your contrat is with 3 then. An iphone 4 is worth how much £750?

In that case it should be expected to last more than 13/14 months and is therefore not of satisfactory quality/fit for purpose. The problem you have is that because it is older than 6 months under the Sales of Goods Act 1979 it is for you to prove that it was faulty when you bought it which may mean obtaining a report on the fault. You can then expect a replacement or repair but most likely a repair as it is up to the the retailer.

If they refuse i would write in and give them 10 days to respond. if they respond negatively then you may have to take it to the small claims court which is a fairly simple process.
 

cooper1488

New Member
Oct 13, 2011
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That's great, thanks for you help, I will keep you updated on how I get on, they said that the complaints department will contact me within 2 weeks time to give me there answer!

Thanks again
 

cooper1488

New Member
Oct 13, 2011
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I have today heard back from Three!!! They said that they will not fix or replace the phone! I stated the sales of good act that they knew nothing about and they wanted to contact Apple to see how much they will charge to fix my phone.

They called me back after 5 minutes and said that apple would charge me £126.00 to fix this problem and I again refereed to the sales of goods act and which they replied "we only use this act for the first 28 days"!!!!

I told them they cant decided which laws they want to use and not use. I now have there contact details to send them a letter of complaint. What is the best way for me to approach this now? give them notice to quit the phone contract? give them 14 days to resolve this issue? etc etc.

Thank you for your assistance
David
 

trickygj

Moderator
May 31, 2010
400
1
18
Cheshire
www.richardgjohnson.co.uk
cooper1488

They called me back after 5 minutes and said that apple would charge me £126.00 to fix this problem and I again refereed to the sales of goods act and which they replied "we only use this act for the first 28 days"!!!!
Complete nonsense-ignore that!

I would give them 14 days to repair/replace and then you will issue a claim in the small claims court for the cost of a new iphone. You could cancel but they might then take action against you. If you have another phone I would use that whilst you let small claims decide who is right/wrong.