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    • Good Evening, I've got a fairly simple question but I'll provide some context incase needed. I've pursued a company that has operations in england despite them having no official office anywhere. I've managed to find a site they operate from and the papers there have been defended so I know they operate there. They've filed a defence which is honestly the worst defence ever, and despite being required to provide their witness evidence, they have not and have completely ignored the courts and my request for copies of it. I'm therefore considering applying to strike out their defence on the grounds the defence was rubbish and that they haven't provided any evidence for the trial. However, it has a trial date set for end of june, and a civil application wouldn't get heard until a week before then, so hardly worth it. However, my local court is very good at dealing with paper applications (i.e ones that don't need hearings, and frankly I think they are literally like 1-2 days from when you submit it to when a Judge sees it. I'm wondering if I can apply to strikeout a defence without a hearing OR whether a hearing is required for a strikeout application.   Thanks
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    • one reply only  follow post 2 of letter of claim <<clickme link. dx
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Brighthouse Iphone Wifi Broken phone just a year old


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Hi all, a friend has just brought her Iphone 4s for me to look at, her wifi has suddenly stopped working and this is after an IOS update, the wifi is just grayed out.

 

She tells me that the phone was bought from BH and its just over a year old now.

 

I have tried all the so called fixes (no freezer or heating though) just reset networks, restore IOS all with no luck, still grayed out wifi.

 

Can she claim off BH for this repairing since its now a known fault, blown wifi chips and her original purchase was from them.

A phone should last a lot longer than 1 year though normal use.

 

Apple have quoted her £160 for a replacement phone.

 

George

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your friend should be covered by SOGA

 

also, you could advise your friend to reclaim the money they may have already paid for the Brighthouse insurances.

 

ideally, you should be looking at the phone problem being sorted out AND a refund of insurance money paid.

 

the quick fix on iphone (freezing / heating) is used by one of my friends. i would not risk either and would not be happy with such expensive equipment having a known fault.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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This is a well known fault with the 4s now. My brothers phone did exactly the same. Some iPhones come with a 2 year warranty but iirc this is if bought direct from apple.

BH will deffo have to do something under the SOGA as the iPhone is classed as a luxury product according to apple so should last longer than a year.

 

In my brothers case his supplier was EE. They eventually offered the £150 odd cost apple wanted to replace the handset outside of warranty. So he took that route.

Apple was of the opinion that it's tough luck and they would win in court as they are so big and powerful. It's a shame he hadn't purchased direct from them as I'd have loved to take them to small claims but it would have had to of been EE in his case.

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Thanks all for the replies, I was thinking that she would be covered under the SOGA.

 

Will sort her a letter out for BH to sort it out, She has been with BH for quite some time so she

could have quite a bit due back on the so called insurances.

 

George

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Good luck in sorting out this problem with Brighthouse. Please keep the thread updated so others can also assist both you and your friend in reclaiming the money as well as sorting out the problems with the phone.

 

A SAR from Brighthouse would show how much money has been paid in respect of the insurances.

If I've given you advice, then it is just my thoughts / opinions - doesn't mean I am right!

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Good Morning Biggeorge

 

I am sorry to hear of the trouble that your friend seems to be having with her mobile phone.

 

If a customer has any problems with one of their items, they would need to contact their store first to arrange a potential repair / replacement of the faulty item.

 

If your friend has already spoken with their local store and they have advised that she does not qualify for a repair, she may also contact our customer relations team by phoning on 0800 526 069 or by emailing us at [email protected].

 

Once we have located her account details we can investigate her concerns further and provide further assistance to help resolve her concerns.

 

I would like to clarify that Hire Purchase agreements are covered by the Supply of Goods Act, not the Sales of Goods Act. In summary, the Supply of Goods Act entitles the customer to a working product at the point of supply and right of repair or replacement if goods are found to be defective at the time of delivery. Some faults which develop during the first 6 months of the contract could also be covered under this statutory right (as they may be treated as not working at time of delivery).

Any other repairs or maintenance are the responsibility of the customer. This is why we have previously offered Optional Service Cover (OSC) and Damage Liability Cover (DLC) to avoid customers incurring expensive repairs bills and now include the “5 Star Service” package as standard in all products offered by BrightHouse.

 

To ease any concerns, the benefits included with our agreements are in addition to your statutory rights and do not affect them. Examples of these benefits are:

o Right to return at any time with nothing to pay

o Right to unlimited repairs during the agreement, including loan items provided for certain products

 

Many Thanks

 

Jason

Web Relations Team

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Good Morning Biggeorge

 

I am sorry to hear of the trouble that your friend seems to be having with her mobile phone.

 

If a customer has any problems with one of their items, they would need to contact their store first to arrange a potential repair / replacement of the faulty item.

 

If your friend has already spoken with their local store and they have advised that she does not qualify for a repair, she may also contact our customer relations team by phoning on 0800 526 069 or by emailing us at [email protected].

 

Once we have located her account details we can investigate her concerns further and provide further assistance to help resolve her concerns.

 

I would like to clarify that Hire Purchase agreements are covered by the Supply of Goods Act, not the Sales of Goods Act. In summary, the Supply of Goods Act entitles the customer to a working product at the point of supply and right of repair or replacement if goods are found to be defective at the time of delivery. Some faults which develop during the first 6 months of the contract could also be covered under this statutory right (as they may be treated as not working at time of delivery).

Any other repairs or maintenance are the responsibility of the customer. This is why we have previously offered Optional Service Cover (OSC) and Damage Liability Cover (DLC) to avoid customers incurring expensive repairs bills and now include the “5 Star Service” package as standard in all products offered by BrightHouse.

 

To ease any concerns, the benefits included with our agreements are in addition to your statutory rights and do not affect them. Examples of these benefits are:

o Right to return at any time with nothing to pay

o Right to unlimited repairs during the agreement, including loan items provided for certain products

 

Many Thanks

 

Jason

Web Relations Team

 

There you go again not laying out the full truth.

ALL faults (except intentional damage) are covered in the first 6 months without the customer needing to prove they existed at point of sale. After 6 months it's up to the customer to prove. Which in this case is easy ! It's a known fault with the ios7 operating system making the phones circuit board and wifi/Bluetooth chip run too hot causing it to lift from the board. Thus a manufacturing defect !

 

Your osc and dlc are WORTHLESS. as has been proven on this very forum time and time again.

 

Sale of goods act. Supply of good act. No difference in the protection afforded to the customer for faulty items.

 

Btw. To the OP. is this item paid in full ?

 

Thx

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Hi 2ltr16valve, Yes I think she has now paid this off which is why she was thinking she had a paper weight.

Apple claimed £160 for a replacement but I told her if shes only had just over one year and now I know its a known fault that IOS 7 causes

she can claim from who supplied the phone, Just a shame it had to BH.

 

Got a letter ready for her for the BH manager if he won't play ball.

 

Regards

 

George

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Hi 2ltr16valve, Yes I think she has now paid this off which is why she was thinking she had a paper weight.

Apple claimed £160 for a replacement but I told her if shes only had just over one year and now I know its a known fault that IOS 7 causes

she can claim from who supplied the phone, Just a shame it had to BH.

 

Got a letter ready for her for the BH manager if he won't play ball.

 

Regards

 

George

 

 

Yep sounds spot on. The price apple wanted was £160 I believe but was reduced with haggling lol in any case this was met (refunded) by ee who supplied the phone.

 

Don't fall into the osc and dlc argument they will try and tie you up in. Your rights are protected. If BH insist that they want proof the item is faulty. Pay for the report and claim that back also. As it is without doubt any mobile/electrical repairer will know of this issue by now. An confirm the same as I've put

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