Apple 4G IPad missold - Section 75 Claim - am I covered?

[un1boy 429]

Hi all,

 

I bought an ipad in 2012 which was "4G" ready. My Ipad has never worked outside the home and I've barely used it since. I have now learned that these were missold by Apple and they have asked me to contact the seller) to claim under Consumer Rights laws.

 

When I bought the ipad, I also bought a cover. I used vouchers and credit card. The credit card amount is one pound under the cost of the case - I also bought the extended warranty in a separate transaction, on the credit card.

 

The seller have told me they will provide a pro ratered refund.

 

Do I have a section 75 claim with the credit card provider, on the basis that the ipad was on the same receipt as the case?

 

Without the case, the ipad cost would have been covered by the vouchers, however I would have bought the case with vouchers anyway, leaving the same amount to have been paid on the credit card if I had bought the ipad seperately.

[Andyorch 10,541]

http://www.consumeractiongroup.co.uk/forum/showthread.php?473624-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them

[un1boy 429]

http://www.consumeractiongroup.co.uk/forum/showthread.php?473624-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them

 

Thanks Andy,

 

I have read that but it doesn't answer my question - can you point me to the relevant part in case I've missed something?

[Andyorch 10,541]

Ring your Credit Card provider and explain...see what they advise...but I would assume you could claim the full amount.

[CraigMcK 8]

Did you get a 4g sim card for it? What exactly does not work outside?

[un1boy 429]

Hi Craig,

 

so sorry - I did not receive notification of your reply.

 

Yes, the 4g sims don't work as the ipad is on a different 4g spectrum (USA spectrum) so it will not work at all with a UK 4G sim

[BazzaS 3,358]

You say it was mis-sold by Apple. Did you buy it from Apple?.

 

Around 2012 some of the Apple devices were sold with 4G.

However, most of the 4G bands on those devices were in use outside of the U.K.

 

Some of the “U.K. bands” were in use by some U.K. networks in some areas. (That is a lot of “some’s”, but I’m trying to truthful, if imprecise!.

 

For MIS-selling you’d have to establish which retailer (Apple? One of the networks?? A third party retailer??), and which network.

 

In my experience “3” seemed particularly confused at one time over which bands their LTE (4G) was available on, where, and which iDevices worked in which bands (edit, checking back, this was late 2012, early 2013) ..... it wasn’t a sale by “3”

As the retailer, or using 3 as the network, by any chance?

 

Which variant of which model (as described in Sertings, General, About), would also be helpful, and the variant rather than just the model number (e.g. “A1430” or “A1396”) that is listed on the device’s casing, though that would help a bit....

 

You’ll also be facing the question “why wait 5 years before deciding it had been mis-sold?”, as from what you are describing, you’d have been aware pretty soon. Have you previously raised this with the retailer, and if so : what have they said?

 

Your S.75 rights against the credit card company aren’t any greater than those against the retailer : the cc company are only equally liable, not more liable - (though they sometimes chose not to fight over something the retailer is being more difficult over). This is the cc company making a commercial decision rather than them having a greater legal obligation, but it can be worth a try!

[un1boy 429]

Sorry Bazza, it would bought from Argos and O2 Sims did not work.

 

I will grab the variant asap- it needs charging!

 

I guessed I would be facing that question but I was not aware it was on the wrong spectrum until now and I have had too much on deal with this. Also, I am entitled to make a claim at any time, although I am aware of the statute of limitations.

 

I guess I just need some direction on the best way forward; I am currently wring a letter to the retailer, as by card company has told me to do this first.

[BazzaS 3,358]

Sorry Bazza, it would bought from Argos and O2 Sims did not work.

 

Apple may have mis-described it, but it’d be Argos who you’d have to claim mis-sold it, and given the “you chose it, we sell it when you type the catalogue number in” : did Argos offer any information on its 4G capability over what was in the catalogue (& what did the catalogue say?!)

 

O2 now use Band 3 (1800 MHz re-purposed from 2G) and Band 1 (2100 MHz re-purposed from 3G), as well as Band 1, but back then were only offering 4G on Band 1, at 800MHz.

[un1boy 429]

Hi Bazza,

 

Sorry, I am not getting notifications of new messages.

 

I can't remember what it said in the catalogue, but I was sold a 4G sim card at the time (on the same receipt) which never worked.

 

I have written to Argos and they said it is down to the customer to research products and the issue was out in the public domain at the time, so it is nothing to do with them and they recommend I seek independent legal advice.

[disgruntled2007 92]

I’d be interested to learn what the law says about sitting on a purchase for six years and then trying to get my money back. Please keep the thread updated!

[un1boy 429]

Hiya,

 

The Act has no time limit, although it is covered by the statute of limitations, meaning it cannot be enforced through the courts after 6 years.

 

I was not aware of the issue until a specific time, the device has never been used because I could not use it for its intended purpose, so it has been sitting around, and I was sold extended warranty.

 

The reasons I have not pursued until now are personal, but as far as the law is concerned, I have the right to pursue at any time.

Edited March 12, 2018 by dx100uk
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[disgruntled2007 92]

I hadn’t realised this.

 

Can you offer a citation for future reference please?

Edited March 12, 2018 by dx100uk
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[BazzaS 3,358]

The OP can raise a claim at any time, asking to exert their rights.

They are entitled to defend the claim if it is statute barred,

which makes raising the claim pointless,

potentially at 6 years from purchase

(certainly 6 years from when the OP had actual or constructive knowledge of the claim arising).

Edited March 12, 2018 by dx100uk
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[un1boy 429]

Thanks BazzaS.

 

I was not aware of this until May last year!

 

Argos are refusing to speak to me directly and keep saying they will only speak to my solicitor.

 

I have no other option now than to send prelims and enter a claim - does nay have any templates for Particulars of Claims I can use for this sort of thing?

[BazzaS 3,358]

Argos are refusing to speak to me directly and keep saying they will only speak to my solicitor.

 

Do you have (or have they told them you have) a solicitor involved?.

If not, "we'll only speak to your solicitor" is a nonsense.

If so, what does your solicitor say?.

[un1boy 429]

Nope, no solicitor - they just want to avoid dealing with it and know that people won't pursue if they need legal advice.

 

They have told me they are aware of the issue.

 

I have been told by Citizens Advice they should be dealing with me direct.

Edited March 12, 2018 by dx100uk
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