iPhone 5 19 months into contract and the camera has stopped working

[Anonymous]

I've had my iPhone 5 for c. 19 months and the camera has stopped working. It appears that this is quite a common hardware fault (https://discussions.apple.com/thread/5327076). I contacted Apple who recommended several things (full restore to factory settings, etc) but to no avail. Then it came to contacting O2 who said that as the phone was out of warranty they would charge me for the repair. Under SOGA 1979 I know that I'm entitled to raise an issue with the phone for up to six years and even Apple's website now states the mandatory 2 year coverage. Given that it's a 2 year contract it's fairly reasonable to expect the phone to last for 2 years. I even tried Apple again who agreed with me that the SOGA covered this instance but O2 fail to understand either SOGA or the fact that the legal responsibility lies with the Retailer and not the manufacturer. They keep quoting the "Apple 1 year warranty" like a company mantra as if this magically removes any responsibility from them.

I have now raised a complaint with their Complaints department regarding what I think is a known fault with the hardware but after having read many dispirited stories about O2's legendary customer service I was wondering whether anyone had had experience with Small Claims Court proceedings and how effective/quick they are.

[MI5]

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@Anonymous wrote:

Just to be clear I have to wait 1 week for them to respond to my complaint and then an additional 8 weeks before taking legal action?

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If you want your complaint reviewed by the Ombudsman, yes, you need to wait the 8 weeks unless you can get a deadlock letter sooner....

You can of course seek your own legal advice sooner but it may be unnecessary whilst complaints are looking into your case....

[Anonymous]

Please let us know what happens because I don't think I've seen once from an update that a person who has gone down this route provide the final outcome.

[Anonymous]

No, I did set it up as a new device but it didn't fix the problem 😞
Let's see what O2 come back with!

[Anonymous]

I will try and keep you updated as to my 'progress'

[Anonymous]

Okay.

Worth asking.

Looking forward to your next update.

[Anonymous]

Thanks MI5. Is this separate to pursuing them through the Small Claims Court?

[Anonymous]

I've had a look like you on the apple community and it seems most people have had them replaced whilst under the warranty or apple care warranty.

I've asked my local Genius Bar before about looking at someone's phone if over the 12 months and they said they'd take a look.

Might just be mine being helpful.

Genius Bar appointments are free.

[Anonymous]

Understood but Apple have in most cases confirmed a hardware issue that is not fixable by a technician unless sent away for repair. Appreciate the comment though

[Anonymous]

I'm asking because it may be one of the questions they ask you from your complaint. Ie ; have Apple taken a physical look at it.

Take care.

[MI5]

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@Anonymous wrote:
Thanks MI5. Is this separate to pursuing them through the Small Claims Court?

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Yes it is although if you lost the ruling from the Ombudsman it may make it more difficult to get a result through small claims.

I would "expect" O2 to settle out of court for a case like this if you pushed hard enough (if you know what I;m saying)