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    • So they have had their five days plus their extra deadline and the only thing to come from Virgin is a deafening silence.  Next step I assume is to send the warrant letter- on MCOL I can just go ahead and issue the warrant there (which will be an extra £70) as they have neither paid the judgment nor provided a good explanation as to why it remains unpaid. Is it worth beginning another claim against them for noncompliance as they have still failed to fulfil their obligations by providing all the data?   Just to keep all bases covered I actually modified the last paragraph of the letter sent on 11/2  to include the second handset details so it stated 'Therefore if I do not receive full disclosure from you(including all notes and correspondence you have regarding telephone number [Second handset line]) by XXX date [original deadline +5 days] I will sue you in the County Court and without any further extensions and without any further notice.'  
    • Hey Bank Fodder - thanks for the response... The BVRLA are the governing body for vehicle rental and leasing. I do think you are right re: the lease company being responsible, but their argument - on the telephone only - they've never responded once in writing or replied to our emails - is that the vehicle is out of warranty. My response is that a modern car, that is only 5 years old, should not have a leaking window - especially when I can prove with photos that it wasn't bonded properly in the first place, and there is a ton of anecdotal evidence in Evoque forums of many owners having had the same faults - both with the leaking windscreen and the flywheel/clutch issue.   The fact that Lex have told the the BVRLA that the clutch failed due to driving style is infuriating - they cannot know that without having inspected the vehicle. But, when our repair centre did the clutch repair they found the flywheel had failed and shredded the clutch - clear parts failure, and at only 32k miles - not fit for purpose. Problem, is Lex are not listening or engaging with us. In total, for 3 months refund of payments, for when we had no use of the car, plus the clutch repair and leaking window repair, and the replacement car seat (plus any additional compensation we may be due) it comes to about £4850. In Scotland we would have to use something called a Simple Procedure - effectively the modern equivalent of the Small Claims Court. But I am not sure we will get anywhere with this either. So, I am looking for advice on how best to sort this out, and perhaps, the best way to word any correspondence/claim.  
    • That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute.    Will search just now cheers.
    • Letter done & sent, forgot I even had a cheque book!   In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800. Both were subject to the same arrangement but only tis one has been transferred, called and asked them why and they do not know!   I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one. Any thoughts please?   Also is there any relevance that one of them used to be with Egg?   Thanks again
    • If the car was due back to LEX at the beginning of October, and it had been at "a repair centre" since the end of September, why didn't LEX just collect it from the repair centre when it was due?  Then the clutch would have been their problem - as you say, a non-faulty clutch should not fail after 32K.   Or are you saying that you extended the lease after the clutch went?  (Surely not... ) Sorry but without a timeline and some clarity from you it's difficult to follow what has happened.   Why wait until mid-November to try to sort out?   Too late this time, but my understanding is that Range Rovers and Evoques have an appalling record for unreliability and are very expensive when they invariably go wrong.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Faulty iPhone XS max Apple & O2 refuse to fix unless I pay over £300

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Hello! I hope this is alright, it's my first time posting in here but I am hoping to seek some advice. 


I have the iPhone XS Max and I am on a 3 year contract with O2. I have had the phone since the 9th September 2019


on September 14th 2020 just over a year old I started to experience a common technical fault with the phone known as 'ghost touch' where the interface acts as if someone is using the phone without touching it, Apple are aware of the issue and were offering free repairs but for the XR only not the XS.


They refused to fix it for free as the phone was 5 days out of the 1 year manufacturing warranty and expected me to pay £300+ to fix something that the genius appointment diagnosed as a technical fault and not down to negligence on my behalf.


O2 said the same thing, I went back and forth between the companies telling me to contact the other party. After a few days of leaving the phone off I turned it back on and it was working perfectly fine so I thought maybe it was due to an update or something so thought nothing of it.


Yesterday it began to happen again, but this time the display flickers and rang the emergency services without me touching anything (I was mortified). I managed to use my mum's phone to video what it was doing before I turned it off, it was letting off loads of bright light and it was like strobe lighting. I sent the video to Apple and they said I have to speak to the phone provider.


After spending almost 2 hours on hold to O2 they said I need to send it off for repair to see what is wrong with it but they said that due to it being out of the warranty that I will have to pay to fix it even though it is down to a manufacturing issue. I asked about claiming my consumer rights and they said that if I wanted to do that I would have to prove that the phone was faulty when I first started the contract.


I am lost on how to resolve this and I cannot afford to fix this issue, I would be more understanding if I had smashed the screen etc but I refuse to pay for something that they all know is down to an internal manufacturing issue. I still have another 2 years left to pay off the phone!!


Thanks in advance 

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First thing is to forget the warranty. You are protected under the Consumer Rights Act and you are entitled to purchase a telephone which is of satisfactory quality and remains that way for a reasonable period of time. If after a year of use it develops a fault which apparently will cost £300 to repair then this is scarcely satisfactory quality in the eyes of any reasonable consumer.

Who did you buy it from? Your action is against the retailer. I have no doubt that you will have to threaten legal action and maybe issue the papers. In fact probably you will have to issue the papers. It's really discouraging that this is the way that it seems to be with all of these companies and they tend to set their face against their customers and good customer service.

What documentation have you got to support any of the discussions you have had? Are you able to get some evidence of the fault? A video of the screen flicker et cetera. You should start accumulating all of this evidence as quickly as possible.

Who did you buy it from?

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Thank you for the advice. I bought it from O2 and have an ongoing contract to pay off the phone.

I am sending it off for them to assess and quote how much it is to fix and then plan to argue the case once they have told me what is wrong with it even though Apple have diagnosed the problem.


I have a printed and email copy of the diagnosis from Apple themselves from September when it first began which states it does not appear to be down to misuse or negligence and also have recordings of the original issues and the new issue that has began. 

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unless you signed a sep credit agreement under the consumer credit act covering your payment for the phone, it's not part of the contract and you are not 'paying it off'...it's a free gift for taking out the contract.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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When you say you bought it from O2 – you mean from an O2 shop or online from O2 – but not from some third-party shop?

From the sounds of it you have an excellent report from Apple – and who would know better if not Apple. I don't think you need to do anything more.

Have you sent the report to O2? If so when? And what response of the given you?

I can tell you that if you send the phone off to O2 NOW and ask them to carry out their inspection, they will take probably a couple of months or so. They may end up simply sending the phone to Apple. Furthermore, they may well tell you that you will have to pay a fee for their inspection. In the end, even if they find that there is a fault, they will probably want to charge you for repairing the phone.

It's clear that you have a faulty phone and Apple have confirmed that and that it is not as a result of misuse. Excellent. Not only that, you submitted the faulty phone within the warranty period but even if you hadn't, you would still be covered by the consumer rights act which provides that you are entitled to have goods of satisfactory quality and that they should remain in satisfactory condition for a reasonable period of time. A telephone which needs over £300 worth repair after only one year of use is clearly not satisfactory – especially when we are talking about fault which you tell us has been documented over the Internet.

I suggest that you start collecting screenshots and any other information as evidence of the complaints that are being made about exactly the same problem.

Assuming that you have already provided the Apple evidence to O2 and they have either declined or not responded then the next step is to send a letter of claim.

Unfortunately with these companies, it simply not worth allowing things to drag on too much. The pattern is that it takes the claim papers to produce a response and then they start to take you seriously. Read around this forum about the steps involved taking a small claim in the County Court and make sure you understand the broad pattern of events.

If you are prepared to take this kind of action then let us know and we will help you with the next step.


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