Tweet
I have an iPhone 5 that I purchased under a finance agreement in December 2012 directly from Apple.
In December 2013 the phone was replaced by Apple because it had developed a charging fault that the battery would not hold sufficient charge to what was displayed on the screen and would automatically shut off. At this time I was told that the replacement handset was brand new.
Further down the line - December 2014 the replacement handset developed the same fault, it turns itself off unexpectedly with 20-30% battery life remaining. I was made to travel by apple to the apple store in Southampton to conduct some tests (all of which where the same tests conducted by Apple over the telephone) which revealed a faulty battery.
It was at this time in the store that I was informed I did not have a new phone but a refurbished handset.
I contacted apple and asked that they replace the phone with a new one. They can't they can only offer a refurbished one. I am not happy having a refurbished handset since I was promised a new one (I think this is a breach of contract from the first part). Furthermore I do not want another handset that will inevitably (if we are to look at the previous replacement) develop the same fault in 12 months time (which apple will not guarantee further).
I have asked them to replace the handset with something else (willing to make a contribution) or refund me.
They accept neither of those solutions.
Barclays, who financed the handset wash their hands of the situation asserting that this is not a S75 issue.
So in essence my questions are:
1. Is Barclays liable and for what?
2. Am I right to demand a refund from apple if they offer a refurbished handset?
In December 2013 the phone was replaced by Apple because it had developed a charging fault that the battery would not hold sufficient charge to what was displayed on the screen and would automatically shut off. At this time I was told that the replacement handset was brand new.
Further down the line - December 2014 the replacement handset developed the same fault, it turns itself off unexpectedly with 20-30% battery life remaining. I was made to travel by apple to the apple store in Southampton to conduct some tests (all of which where the same tests conducted by Apple over the telephone) which revealed a faulty battery.
It was at this time in the store that I was informed I did not have a new phone but a refurbished handset.
I contacted apple and asked that they replace the phone with a new one. They can't they can only offer a refurbished one. I am not happy having a refurbished handset since I was promised a new one (I think this is a breach of contract from the first part). Furthermore I do not want another handset that will inevitably (if we are to look at the previous replacement) develop the same fault in 12 months time (which apple will not guarantee further).
I have asked them to replace the handset with something else (willing to make a contribution) or refund me.
They accept neither of those solutions.
Barclays, who financed the handset wash their hands of the situation asserting that this is not a S75 issue.
So in essence my questions are:
1. Is Barclays liable and for what?
2. Am I right to demand a refund from apple if they offer a refurbished handset?
