[clewsy]

So what we have resolved is:.

The phone is over 2 yrs old - so no chance of any consumer laws covering that span for a phone.

Don't cancel any payments.

He needs to serve out what ever time he has left to go.

[dearmrman]

Quote:

Originally Posted by clewsy

So what we have resolved is:.

The phone is over 2 yrs old - so no chance of any consumer laws covering that span for a phone.

Don't cancel any payments.

He needs to serve out what ever time he has left to go.

Cover is up to 6 years, providing you can prove it is a manufacturing defect.

[clewsy]

Quote:

Originally Posted by dearmrman

Cover is up to 6 years, providing you can prove it is a manufacturing defect.

Up to is the key word.

Following that is that the legal term "reasonable".

Good luck in convincing a judge that it's reasonable to last longer than 2 years. I have yet to meet one who I think would side with you on a phone.

TVs tend to be 5 years using that law as a rule of thumb.

Cars 6 years, but so many mitigating factors to consider with that one. Let's not go into that though.

[Thine Wonk]

Quote:

Originally Posted by dearmrman

Cover is up to 6 years, providing you can prove it is a manufacturing defect.

6 years is a statute of limitation if you like on bringing a claim that there was an inherent manufacturing fault with the product. This is very misunderstood by consumers thanks to the newspapers misinterpreting it.

Generally the courts say that any fault which occurs within 6 months is considered a manufacturing fault with no real need to prove anything in the absence of misuse, water damage etc. As the length of time increases, the burden of evidence that there was an inherent manufacturing fault increases, and further evidence is needed to prove it was a manufacturing fault such as a repairer's report detailing what failed and asserting that the lifespan of that item was far too short compared to expectation.

The warranty on phones is generally 2 years, after that the consumer would need to bring a case with some evidence that there was a manufacturing fault. It isn't a "6 years and you can claim your money back" it is 6 years to make a claim to the court that you believe (with evidence) of an inherent manufacturing fault.

The courts also consider a reasonable expectation of the life of the product or component AND if you do win the case you won't get the FULL purchase price back, you'll get the cash equivalent value of a 2 year old working phone back. The role of the court is to make you no worse off than you would have been if the fault had not existed, not to give you a brand new device.

[d123]

Quote:

Originally Posted by Thine Wonk

6 years is a statute of limitation if you like on bringing a claim that there was an inherent manufacturing fault with the product. This is very misunderstood by consumers thanks to the newspapers misinterpreting it.

Generally the courts say that any fault which occurs within 6 months is considered a manufacturing fault with no real need to prove anything in the absence of misuse, water damage etc.

As the length of time increases, the burden of evidence that there was an inherent manufacturing fault increases, and further evidence is needed to prove it was a manufacturing fault such as an independent expert report.

The warranty on phones is generally 2 years, after that the consumer would need to bring a case with some evidence that there was a manufacturing fault. It isn't a "6 years and you can claim your money back" it is 6 years to make a claim to the court that you believe (with evidence) of an inherent manufacturing fault.

The courts also consider a reasonable expectation of the life of the product into it AND if you do win the case you won't get the FULL purchase price back, you'll get the value of a 2 year old working phone back, as the role of the court is to make you no worse off than you would have been, not to give you a brand new device.

I would add, he would also need to commission (and pay for) an independent expert report that corroborated the inherent manufacturer fault he claims is present.

[clewsy]

Quote:

Originally Posted by d123

I would add, he would also need to commission (and pay for) an independent expert report that corroborated the inherent manufacturer fault he claims is present.

I don't believe that it would even get to the hearing stage.

It would cost to make the claim to the courts and on completing the legal papers, without such expert witnesses to support the claim, this would be simoly dismissed.

As I always say to people ...

Ask yourself what is reasonable usage for that product? Then ask your friends and family. See what the end figure is and that gives you a starting point to consider if you should go forward.

[bookey_uk]

Quote:

Originally Posted by 33rd Governor

You guys are incorrect, contracts can be extended on payment plan. We can go and ask on the EE forum, they will confirm.

The contract is not extended with a payment plan, the terms EE are electing to off you have been extended to allow payment on fair terms for any amounts due. We are not allowed to sell consumer contracts longer than 24 months.
I would personally advise your friend gets the payments up todate and then asked if they are OK to upgrade to a new handset to take away the 'issue'.