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Greetings,

 

I'm 18 months into a 24-month contract for my iPhone 6 with02!

 

It has developed a hardware fault and needs to be repaired when I spoke to Apple they told me as it's past a year they would charge me for the repair. I then read the below on their website.

 

Apple Products and Consumer Laws in the United Kingdom

Under consumer laws in the UK, consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods.

 

I then contacted 02 and they told me I would have to pay for the repair even though I as quoting the above. Can somebody set me straight? Shall I stop paying for the phone or shall write to them again?

 

Any help would be most welcome

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O2 are wrong – and you are right. Not only that, but O2 are probably wrong even in relation to the day upon which the six years begins – but that is another technical argument which we don't need to concern ourselves with here.

 

The tricky part is that if you stop paying them, they will simply lurch into debt collection mode. They will blight your credit file which will put paid to your hopes of getting credit either at all at any reasonable rate, or of getting a mortgage et cetera. All of the mobile phone companies are like this. Vodafone is the worst but frankly they all react in this way as if they go into a blind rage. So do most other companies.

 

The best thing you can do is to keep on paying and either to make a complaint to the communications ombudsman – which will be pretty futile and will take long time, or else begin the steps towards taking a small claims legal action in the County Court – which will also take some time but O2 are likely to put their hands up even if it is only as a "gesture of goodwill".

 

O2 and the rest of them are abusive of their privileged access to the credit register but nobody is ever prepared to stand up to them and so they get away with it.


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18 months in, don't just get the repair done.

If O2 are disclaiming responsibility you need to include in the LBA that you intend to get an independent engineer's report highlighting that the fault arises from a fault inherent from time of manufacture,

 

If you just get it repaired expect O2 to claim that there was no inherent fault (that it was due to misuse, impact, or water damage are often used as excuses .......)

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Apple has run remote diagnostics and seems to think it's a motherboard problem.In my opinion 02 should just set this right, i have spent 45 mins online with 02 and thy told me it would cost to get it repaired.

 

So need to figure out my next course of action?

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Apple has run remote diagnostics and seems to think it's a motherboard problem.In my opinion 02 should just set this right, i have spent 45 mins online with 02 and thy told me it would cost to get it repaired.

 

So need to figure out my next course of action?

 

You aren't keen on the advice you've had so far??

 

Sending O2 a letter before action??

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Yes, i think a letter is good

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Yes, i think a letter is good

you should only sent a letter before action if you mean to carry out your threat. Otherwise don't bother. 02 and all the others have buckets load of these letters and most of the people who send them never follow them up. It's not worth bluffing.

 

If you do intend to begin an action then make sure you have done some basic reading up on this forum about the main steps in beginning the action so you know what you have to do and you feel reasonably confident


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