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.

[Anonymous]

Well you have all the ammo now.

Fingers crossed for you to a reasonable outcome.

[Anonymous]

Cheers

[adamtemp64]

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@Anonymous wrote:
Doesn't really matter as SOGA covers for up to 6 years and given that O2 sold me a 2 year contract I think we can safely say that they expect the phone to last 2 years. Unfortunately SOGA means I have to deal with the Retailer and not the Manufacturer. Under EU law Apple are obliged to provide cover for 2 years: http://www.apple.com/uk/legal/statutory-warranty/

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Sorry the apple website is very clear on this the soga is the retailer and not the manufacturer apple are under no legal obligation in the uk to even provide a 12 month warranty. My guide links to very helpfull factual information and the way to progress this http://community.o2.co.uk/t5/Pay-Monthly-and-Pay-Go/Guide-Differance-between-SOGA-and-warranty-extended-warranty/td-p/599174

[Anonymous]

Hi, I think in the case of both laws your course if action is against the Retailer not the Manufacturer as I think I made clear in my posts. The Apple bit on their website covers people who buy direct from Apple

[adamtemp64]

Yes but the point is under soga the claimant after 6 months has to prove that the fault was present at point of sale. A manufacturers warranty in apples case 12 months means any fault they will repair replace up to 12 months old so if o2 is the retailer (as in this case) the 12 month apple warranty offers enhanced rights than the retailers soga liabilaties.

I advise you get propper legal advise on how to procede.

[Anonymous]

But I have proved that with my diagnostic report hence why I am pursuing O2 as the Retailer as a phone should last as long as the contract at a bare minimum. O2 keep repeating their mantra that Apple only offers a 1 year warranty but that is irrelevant. The 12 month warranty does not offer enhanced rights as actually under EU law they have to offer 2 years whereas under SOGA you can claim for up to 6 years.

[Anonymous]

From the attached link:-
"It is important to remember that a guarantee does not replace or limit a customer’s rights. Customers are entitled to raise a problem with you regarding a product for up to six years from the date of purchase (five years from the discovery of a problem in Scotland) regardless of the terms of any guarantee.
Customers are entitled to rely on the remedies available to them under law (outlined in this guide) rather than their rights under a guarantee, if they wish."

http://sogahub.tradingstandards.gov.uk/sites/default/files/OFT002_SOGA_explained.pdf

[adamtemp64]

1 the report from apple proves there is a hardware fault now and not at point of delivery

2 there is confusion between eu law and uk law explained in one of my links ie wording http://www.access-legal.co.uk/free-legal-guides/whats-the-difference-between-a-guarantee-and-a-warra... go to eu position

Good luck in your claim under the Sale of goods act.

[Anonymous]

There is other evidence such as postings from other iPhone users who suffered the same issue at various points after purchasing the phone (some within a few days and other after a few months) which indicate that is highly likely that this is a fault at POS. There is no confusion re EU vs UK law. EU extended the rights to 2 years but UK covers for up to 6 years so goes beyond what the EU law covers.

[Anonymous]

This is what I meant earlier.

I've not seen one poster return with a satisfactory conclusion with all these laws and rulings.

It's one thing to see chapter and verse on this online ,but another to actually implement them. 😞