o2 and faulty i phone Home Keys

Anonymous · ‎16-10-2009

I have only been with o2 a little over a month on a £ 55.00 per month i phone contract which includes i phone premier insurance. a few weeks back I noticed an intermittant fault with the home key not responding and I could not navigate the screens. As I say this was intermittant, I phoned o2 and they told me that it was software issue and to do a full reset and re-sync with I Tunes. Well I had to have a bit of a read up and over the next week thats exactly what I done.

The i phone now refuses to respond to any home key button actions and you have to keep switching the i phone off and rebooting it to change screens. I have phoned o2 i phone customer services about this and they say that as its outside the 28 day period I must take the phone to a Apple store to get it sorted out ?

The nearest Apple store is some 40 miles away but I have phoned them and they have made a appointment with a genius to have a look.

As I did discuss this issue with o2 within the 28 day period they say they can find no notes at their end about my call and have also admitted that as this was seen as a software issue by their staff at the time of my call then it may be why the call notes were not placed on my file.

Surely o2 are liable for this as my contract was with o2 directly and as this fault has occurred so soon it should be they that address this issue and not the buck passed onto Apple ?

I was also very concerned that o2 were completely unconcerned that I have lossed the use of not only my new i phone but also the tariff for which they say they will still be charging me for !

I believe that there is a breach of contract on the part of o2 and that they are indeed responsible for putting this matter right.

Any thoughts on this sitution ?

Anonymous · ‎16-10-2009

You don't have to take it to Apple, but o2 tend to reccomend it because it may be 40 miles away but they will 9 times out of 10 just replace it, where as with o2 it would mean sending it off for repair and waiting 7 days. Depends which you would prefer.

Anonymous · ‎16-10-2009

well as I am booked with Apple for tomorrow we will see what happens, watch this space !

Anonymous · ‎16-10-2009

Agree with you in principle but I would be happy to take it to Apple to be honest, you will get expert advice and if phone is really faulty a replacement there and then. My nearest Apple store is 120 miles away but if my phone develops any fault will be taking it there instead of O2 shop that is 5 minute walk!

Anonymous · ‎17-10-2009

o2 aren't in breach of contract, as per their normal process they add notes to your account but they technically don't have to, it's quite possible that there was an error when the system they use tried to save notes to your account. Anyway, call to report an issue or not, if you haven't actually returned the phone for replacement within 28 days you need to follow the normal returns process.

o2 will have recommended a trip to the nearest apple store because they offer same day service instead of having to send the phone off like an o2 store or carphone warehouse will have to do.

Don't try and be over dramatic. Mountains made from mole hills collapse very quickly.

You're off to the apple store, it is worth the trip, good luck.

Anonymous · ‎17-10-2009

Anyway, call to report an issue or not, if you haven't actually returned the phone for replacement within 28 days you need to follow the normal returns process.

Actually you are incorrect on this point, the fact that in the event a consumer complains to a retailer regarding a faulty product inside the 28 day period constitutes a notified claim, in this particular instance o2 supplied advice to the consumer on how to rectify the fault which did not work therefore the advice was flawed and the claim would stand. Whislt I recognise that Apple are the best bet here it still does not remove o2 from the legal position that they have contractual obligations to their consumers which are upholdable in UK law and any subsequent claim made by a consumer would be tested by the court to ascertain a reasonabilty test.

This is not a question of mountains and molehills but what entitlement a consumer has in the event that a retailer fails or frustrates a consumers position. In this particular instance o2 gave advice which I was happy to follow to rectify the issues which in the event failed to work and I do not think it reasonable that if a claim should be made that they can duck their legal responsibilties and one way or another I am confident that I have acted in a reasonable manner with good faith with this matter.

Anyway off to the Apple store to have a word with them and see what they say and if no joy there o2 will be receiving documents from me.

Anonymous · ‎17-10-2009

Just got back from the Apple store who confirmed that the i phone 3GS was indeed faulty. They then promptly and professionally provided me with a brand new replacement and were most courtious in there manner, so I am now a happy bunny thanks to Apple but not impressed with the lack of understanding shown to me by o2.

So if o2 customer services frequent this forum take this as a lesson in customer service and without customers no company can function, so o2 lets not become complacement as the i phone will be available elsewhere very soon and with customer service at o2 marked 3/10 for me.

Customers will soon have far more of a choice where to spend their money o2 !!!!

😞

Anonymous · ‎17-10-2009

Glad you are sorted and had a favourable experience with Apple, that is why I would drive the 120 miles rather than walk 5 minutes to O2 store.

Enjoy the phone again after original was spoiled!

Anonymous · ‎17-10-2009

In this particular instance o2 gave advice which I was happy to follow to rectify the issues which in the event failed to work and I do not think it reasonable that if a claim should be made that they can duck their legal responsibilties and one way or another I am confident that I have acted in a reasonable manner with good faith with this matter.

Perhaps o2 didn't expect you to take over a week to follow their advice? YOu could have read up in the evening, tried it and phoned back in the morning which is when you would have been offered your replacement handset.

Anonymous · ‎18-10-2009

Perhaps o2 didn't expect you to take over a week to follow their advice? YOu could have read up in the evening, tried it and phoned back in the morning which is when you would have been offered your replacement handset.

I cannot say what o2 may or have not expected the fact of this matter is that a complaint was lodged by me with them within the period and consumer law offers remedies not only for the 28 day period that o2 were relying on but beyond that period if a product can be proven to be defective which in this case it clearly was.

My busy schedule prevented me from dropping everything to follow their flawed advice and in point of fact has no bearing on any claim inside or outside the 28 days. The contract is made between the retailer and consumer and there is no need for me to set forth here the fine detail of the relevant consumer and credit laws to focus this matter.
As others have pointed out Apple were more than receptive to my plight and were able to provide me the consumer with a solution as opposed to leaving me with a problem as o2 were happy to do.