iPhone 4 broken after 19 months - bringing action against O2

[Denning]

Button on the phone stopped working after 19 months, was on am 18 month contract with O2 and phone suppled under this. O2 washed their hands of it as outside Apple's warranty. Apple gave me a report stating the phone should be replaced and showed nothing more than minor cosmetic scratches. Numerous letters sent to O2, quoting Supply of Goods and Services Act etc various letters received back, one even stating the phone would be of satisfactory quality but only once repaired (the next line then said they would not pay to repair it). Eventually sent a Letter Before Claim, again received a reply completely ignoring legal points raised.

 

Looking to start a small claim next week, question is should I look to have a further inspection/report conducted of the phone to give an idea of why the button failed (and backup my assertion that it was faulty at time of purchase)? I would hope on the balance of probabilities it would be obvious a £400 phone shouldn't fail after only 19 months but not sure how this would be seen in court.

 

Also anyone had any experience with bringing a claim of this nature against O2?

 

Thanks

[my-spirit-soars-free]

If you have a report from Apple this should be pretty simple - it is obviously their opinion that you have not done anything to the phone to cause the problem.

[Denning]

If you have a report from Apple this should be pretty simple - it is obviously their opinion that you have not done anything to the phone to cause the problem.

 

My thoughts exactly, the report also states no water damage. Just unsure whether that would be enough as I am aware that the onus is firmly on me to prove the goods were faulty

[gordies]

Remember you have a 2 year warranty under EU law so go and wipe the floor with them !!

[silverfox1961]

Remember you have a 2 year warranty under EU law so go and wipe the floor with them !!

 

While this may seem like a good thing, UK and European warranties mean very little as we have the Sale of Goods Act which covers goods for up to 6 years (dependant on certain factors)

 

Remember when you see, "This is in addition to your statutory rights."

 

No company has to offer a warranty. They do so to convince us that their goods are sturdy and are prepared to back it with a 12 month warranty. It's all smoke and mirrors

[jacktheband]

This all hinges on whether you can prove that the goods were inherently faulty at the point of purchase. If you have an independent report that confirms that then you are good to go! Best of luck, keep us updated.

[Denning]

Well can't got into detail, but doesn't look like I'll need to continue the action any further

[silverfox1961]

Well can't got into detail, but doesn't look like I'll need to continue the action any further

 

Would that be good news or bad news then?

[Denning]

Would that be good news or bad news then?

 

Good news

[silverfox1961]

Thankyou.

I am assuming there was a confidentiality agreement attached to the good news so I won't pry