iPad failed while in contract- nobody wants to know

[j4mes]

So my fiancées brother had got his mum an iPad contract about 17months ago, on a 36month contract. A few days ago it died. My fiancée and I took it to our local Apple store as her brother is at risk of Covid19 and we spoke to Apple. They confirmed after an inspection that the iPad had failed internally and would not take any power charge. As the 12months warranty with them had expired and it was under contract with o2, they advised us to pop along to the o2 store about 3mins walk away for advice.

we visited the o2 store and after speaking to an employee there, they advised we’d need to contact their customer service team for assistance, but then asked what the issue was. We explained and showed him the Apple paperwork and then his attitude changed, and he moaned Apple shouldn’t be sending people along and asked for a photo of the paperwork. He then said o2 only offer a 12month warranty on their devices, at the same time as the manufacturer warranty. I asked what the point in paying the contract when the device was faulty was and he said “the contract is just a 30day rolling contract, the device is on a 0% interest loan”. I asked why it was on a 36month contract and he again said it was a 30day rolling contract and the device was a 36month agreement. I said we’d just cancel the airtime and sort the loan separately and the o2 guy said “you can’t cancel the airtime until the device is paid off”, and I again asked how if it was a rolling monthly contract and separate, could they enforce a 36month airtime agreement.

Anyway, I walked away as I was losing my temper with his contradictions and attitude.

i wrote a message to o2 on social media and cited the Consumer Rights Act 2015 stating the device should be of a good quality and fit for purpose, which Apple confirmed it isn’t with the fault it presents. O2 are saying there would be a cost to repair the device and Apple wanted £400 to repair/replace the iPad. But we cannot see why there should be a cost involved as it failed due to no fault of our own (Apple even commented how immaculate it is).

So, does anyone have any recommendations for how to proceed? Is there an avenue with the “loan”, chasing the provider directly as it’s their property or does anyone have a draft of a letter to send o2 and complain who has had this situation and won?

thanks

[j4mes]

Anyone help?

[R0b]

Suggest moving forward you keep things in writing for evidential reasons.

I'm a bit confused as to why you can't cancel the 30 day rolling contract until the loan has been paid off, to me they should be separate and you should cancel one and still pay the other. However, I don't know what the contract terms say but if O2 have tied the airtime to the loan, then that might be considered unfair. Why have a 30 day rolling contract if you can't cancel it? Sounds to me the O2 person didn't want to cancel the contract to be honest, but your starting point is to see what the terms actually say about the airtime and loan.

The point about the loan is that the iPad belongs to your your fiance or his mum depending on who took the contract out. Unless it was a hire-purchase arrangement, only then would the iPad belong to O2.

The Consumer Rights Act shifts the onus to the consumer after 6 months to prove there was a fault at the time of purchase and not due to continued use resulting in wear and tear. Most of the time you would need an independent report to support your case, but if you don't want to go down that route, you could possibly rely on the information from Apple, though it could be risky if it doesn't make it clear what the problem is and whether the problem would be present given the age of the iPad.

It really comes down to what your fiance or his mum want to do, are they prepared to go to court for this? IF not, then they might struggle to recover anything from O2.

A good starting point is a formal complaint letter to O2 in writing, setting out the background, the issue and what you are looking for to resolve the matter. Some of the arguments you could make as part of your complaint are:

a. The Apple store have confirmed that the iPad has failed internally, and that they would not expect it to fail given how old it is.

b. iPad's are considered a luxurious item with quality components and the price tag should reflect the fact that you would expect it to last longer than 17 months after (presumably) normal use.

Out of curiosity, how much was the iPad, was it the cheaper version or more expensive? If the latter, all the more reason to highlight point b above.

If you want any feedback on the complaint letter, post up a draft and we can comment.