FabSwingers.com forum: Anybody know where we stand on th

By (user no longer on site) OP
over a year ago

My daugher had a new iphone about three months ago which she dropped the other day and smashed the screen so yesterday we braved Birmingham and took it to the apple shop to get it fixed, the guy had a look at it and quoted £119 to replace the screen, told us it would take about an hour and they would text when it was ready to pick up

So we went for a cuppa and look round, got the text and went to get the phone, the guy bought it out, showed it us working then told her there was another problem besides the broken screen which they fixed but because of this the cost was now £230

My daugher explained to them she was quoted £119 and didn't have the £230 spare to which she was told they wouldn't give her the phone back untill the full balance was paid, at which point i stepped in and told him he had no rights doing extra work adding additional costs without consulting her first and ask to see the manager

The manager came out, i explained the situation and was told that was their policy, if you take something in for repair and they find another fault they repair that too and charge you accordingly

Surely they have no rights to do this?

Im no good with law stuff but is it worth going to see somebody about this or had we may as well just go pay the £230?

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By *anes HubbyCouple
over a year ago

Babbacombe Torquay

Was it a written quote?

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By (user no longer on site)
over a year ago

It sounds like they're out of line. Like if you take your car for an MOT and they see it needs work done, they always call you to check before proceeding.

What's even more annoying is that you can get iPhone screen replacement kits on eBay for about £30 and do it yourself

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By *rightonsteveMan
over a year ago

Brighton - even Hove!

They have no right to do that unless you signed something agreeing to their terms and conditions.

Tell the manager you want the phone back or you'll report him to the police for theft.

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By (user no longer on site) OP
over a year ago

"Was it a written quote?"

no but they ate not saying they didnt quote her £119 to fix the 3 screen what they are saying is we didnt just fix the screen so its not £119 anymore

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By *anes HubbyCouple
over a year ago

Babbacombe Torquay

I'm surprised that the official Apple shop doesn't have you sign for approved work

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By (user no longer on site)
over a year ago

i'm pretty sure the law is on your side..though not definate.

if i took my car to the garage for one thing and they fixed loads of stuff i never asked for then i'd go mad and refuse to pay.

dodgy garage...dodgy phone shop...same thing

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By *ady LickWoman
over a year ago

Northampton Somewhere

I would say they definitely should of contacted you before doing the extra repairs. Bloody cheek. I'd ask to see where in your contract it states they can do this to.

Hope you don't have to pay up and you get the phone back quick!

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By *uckOfTheBayMan
over a year ago

Mold

They carried out unauthorised repairs, and should have informed you before undertaking anything else which might have incurred additional costs.

Did they have you sign an my waivers etc. when you handed the phone over?

If there was any small print they should have explained that to you.

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By *ackDMissMorganCouple
over a year ago

Halifax

Just baffle the fuck out of them mate. Quote the sale of goods act 1974, Trading Standards act of 1981 etc lol. To be fair I know mechanics arent supposed to carry out further repairs without consulting the customer first so dont see how this any different. Jack.

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By (user no longer on site)
over a year ago

"They have no right to do that unless you signed something agreeing to their terms and conditions.

Tell the manager you want the phone back or you'll report him to the police for theft. "

this.

you can't just go around doing stuff then charging people for it without their prior consent

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By *yrdwomanWoman
over a year ago

Putting the 'cum' in Eboracum

Even though contracts don't have to be written down to be binding, I think what you have experienced is not allowed, as you only requested that the screen would be fixed. If you signed something it may have said that they would fix any additional faults and charge accordingly but if you didn't sign anything you should not have been charged. I would be writing to the Head Office and Trading Standards if I were you.

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By *rightonsteveMan
over a year ago

Brighton - even Hove!

You could say you'll pay the 230, ask to check your phone is indeed mended and when you have it in your hand, say you'll only pay the original quote. Will they snatch the phone off you? Tell them to sue you.

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By (user no longer on site)
over a year ago

You can lie. Tell them you've been offered a better quote elsewhere. A lot of people will haggle down to avoid you taking your business somewhere else. l saw someone do this with Wren and Magnet kitchens. Got the Magnet at a great deal.

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By (user no longer on site) OP
over a year ago

"They carried out unauthorised repairs, and should have informed you before undertaking anything else which might have incurred additional costs.

Did they have you sign an my waivers etc. when you handed the phone over?

If there was any small print they should have explained that to you."

didn't sign anything

only time they asked for a signature was when we went to pick it up but when he said they had done extra work she refused to sigh

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By (user no longer on site) OP
over a year ago

"You can lie. Tell them you've been offered a better quote elsewhere. A lot of people will haggle down to avoid you taking your business somewhere else. l saw someone do this with Wren and Magnet kitchens. Got the Magnet at a great deal."

they have already done the work

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By (user no longer on site) OP
over a year ago

"Even though contracts don't have to be written down to be binding, I think what you have experienced is not allowed, as you only requested that the screen would be fixed. If you signed something it may have said that they would fix any additional faults and charge accordingly but if you didn't sign anything you should not have been charged. I would be writing to the Head Office and Trading Standards if I were you."

I though about giving trading standards a call tomorrow

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By *ivemeyoursoulWoman
over a year ago

Easter just around the corner!

Cheeky fuckers I'd be livid!

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By (user no longer on site)
over a year ago

Present them with a bill fir £4500, and tell them it was for security work as you stopped two people from shoplifting, you have as much proof that you did the work as they do

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By (user no longer on site)
over a year ago

they have already done the work

Oh.

Good advice anyway x

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By *ady LickWoman
over a year ago

Northampton Somewhere

Do what the above person said. Ask to check the phone thoroughly before you pay and when you've got the phone walk out.....quickly!

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By *he_Raggedy_DoctorMan
over a year ago

Some where in West Sussex

Sounds to me like a dirty trick in gettin more money into the till.

Did they say what the other fault was ? Did your daughter experience any problems before the screen broke ? As it could be a non existent fault. It might not have been but I'm just saying.

Also tell the you will be contacting Watchdog at the BBC I did that and got what I wanted as they didn't want the negative publisaty ( even if I can't spell lol )

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By *uckOfTheBayMan
over a year ago

Mold

Had a similar (ish) situation this summer, where my mother in law's new car failed after 3 weeks and we sought to reject the vehicle as faulty.

They'd already undertaken repairs without our consent and thought they'd meet their obligations.

It took six weeks, lots of calls with CAB and trading standards, but in the end they fully refunded the car after that's to take them to small claims

Have a look at the Money Saving Expert website as there's great consumer advice

Contact apple customer services, be a nuisance, but don't back down or take no for an answer

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By (user no longer on site)
over a year ago

Have you already paid?

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By (user no longer on site)
over a year ago

They have no right to actually do that, it's against the law. I would contact the police if I was you.

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By *anes HubbyCouple
over a year ago

Babbacombe Torquay

"They have no right to actually do that, it's against the law. I would contact the police if I was you. "

It's a civil matter.....

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By *oxesMan
over a year ago

Southend, Essex

"So

The manager came out, i explained the situation and was told that was their policy, if you take something in for repair and they find another fault they repair that too and charge you accordingly

Surely they have no rights to do this?

Im no good with law stuff but is it worth going to see somebody about this or had we may as well just go pay the £230?"

they normally do that there something on a bbc daytime prog where angela Ripley got a phobe tgerensic team to dammage 3 phones in 3 different ways all with a cracked screens they then sent the logos Angel phones.com and they got it wrong and made them pay extra on two.

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By (user no longer on site)
over a year ago

"They have no right to actually do that, it's against the law. I would contact the police if I was you. "

Agree with the above.

As the owner of the phone, and no quote or written contract, they have no legal right to withhold, the phone, and have no legal right to demand payment from you, as there's no proof you agreed to the work to be undertaken.

A quote should never be more than 10% higher, and had you have had a quote, they couldn't insist on you paying for the "extra" work either, as it wasn't quoted for.

I think by definition of the law, they had actually stolen your phone and would be a matter for the police.

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By (user no longer on site)
over a year ago

When I had to get work done on my phone, before anything happened I got a 'work authorisation and service confirmation' from the by email which detailed the work they would do, their explanation about backing up my phone and the cost.

They cannot do extra work - and charge, without authorisation. It is now the Consumer Rights Act which deals with this things so check exactly what happened when handing the phone in, the email and what they have said they have done.

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By (user no longer on site)
over a year ago

"They have no right to actually do that, it's against the law. I would contact the police if I was you.

It's a civil matter....."

Sorry, I meant file a lawsuit.

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By *ce WingerMan
over a year ago

P.O. Box DE1 0NQ

Sounds like they're trying to pull a fast one there OP, no way would they be getting anymore than the original quote out of me

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By (user no longer on site)
over a year ago

"They have no right to actually do that, it's against the law. I would contact the police if I was you.

It's a civil matter....."

If there was a contract/quote, possibly, without one I don't believe so?

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By *anes HubbyCouple
over a year ago

Babbacombe Torquay

Have you looked on the receipt that Apple gave you when you handed the phone over for repair?, when I took my iPad to the official Apple shop I was given a receipt that they had it in their possession for technical investigation......

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By *ustthe2ofusXXXCouple
over a year ago

coventry

If you have gone in there for a screen to be repaired that's all they should of done, if that's all you have asked for any additional work carried out that was not authorised by you should not of been done these people had you phone number and should of called. Speak to citizens advice and they will guide you on the legality of it all.

I run a garage and would never dream of doing anything like that, what we have do in the passed for well known customers that can not be contacted,if we see something that needs to be done and are working in the same area we would only charge the cost of the part no labour, and explain that there is no point doing the same job twice.

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By *ittle_brat_evie!!Woman
over a year ago

evesham

this was taken from the apple.com legal section.

1.1 Services. For service orders, Apple will service your Apple product as described to you for the estimated charges stated, unless such charges are revised with your prior oral or written consent. Unless otherwise stated, Apple will provide repair or replacement services to address a defect in the materials or workmanship of a product. Service is not available for issues caused by failure of or incompatibilities with any software or data residing or recorded on your product.

it says right there that they cannot revise charges without prior written and oral consent and i would argue that the onus is on them to prove any oral consent was given.

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By *ittle_brat_evie!!Woman
over a year ago

evesham

"Have you looked on the receipt that Apple gave you when you handed the phone over for repair?, when I took my iPad to the official Apple shop I was given a receipt that they had it in their possession for technical investigation......"

technical investigation does not mean unauthorised repairs though

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By *yrdwomanWoman
over a year ago

Putting the 'cum' in Eboracum

"this was taken from the apple.com legal section.

it says right there that they cannot revise charges without prior written and oral consent and i would argue that the onus is on them to prove any oral consent was given."

I would definitely also report this to Apple HQ as if members of staff are breaking their own Terms then they'll want to know. I managed to get some extra customer service training for several EE staff members when they gave me the run around for my daughters phone.

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By (user no longer on site)
over a year ago

"this was taken from the apple.com legal section.

it says right there that they cannot revise charges without prior written and oral consent and i would argue that the onus is on them to prove any oral consent was given."

Well done.

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By *anes HubbyCouple
over a year ago

Babbacombe Torquay

technical investigation does not mean unauthorised repairs though"

Irrelevant......I'm asking if there was anything written on the receipt of possession that Apple ALWAYS give when you leave your device with them.

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By (user no longer on site) OP
over a year ago

"this was taken from the apple.com legal section.

it says right there that they cannot revise charges without prior written and oral consent and i would argue that the onus is on them to prove any oral consent was given."

i may print that off and take it into the shop tomorrow, thanks

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By (user no longer on site)
over a year ago

Did they point to any notices about the place stating the policy ?? since you didn't have to sign anything

How many people do they catch out like that disgusting

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By (user no longer on site) OP
over a year ago

technical investigation does not mean unauthorised repairs though

Irrelevant......I'm asking if there was anything written on the receipt of possession that Apple ALWAYS give when you leave your device with them."

no idea to be honest

They did give her a receipt when she left the phone i just assumed it was just her proof she left it

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By *anes HubbyCouple
over a year ago

Babbacombe Torquay

technical investigation does not mean unauthorised repairs though

Irrelevant......I'm asking if there was anything written on the receipt of possession that Apple ALWAYS give when you leave your device with them.

no idea to be honest

They did give her a receipt when she left the phone i just assumed it was just her proof she left it "

Yes it's just proof of possession, my iPad was under warranty so my receipt didn't give reference to repair costs, just wondered if there was any reference to cost on your receipt.....I've since thrown my receipt out so I can't remember if there is anything about costs on it.

I'm shocked that they went ahead without approval.....

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By *unandbuckCouple
over a year ago

Sheffield

technical investigation does not mean unauthorised repairs though

Irrelevant......I'm asking if there was anything written on the receipt of possession that Apple ALWAYS give when you leave your device with them.

no idea to be honest

They did give her a receipt when she left the phone i just assumed it was just her proof she left it "

You need to read that receipt carefully. If it says they'll do any work they think is needed, then you are foing to struggle, it wil be £230.

If it doesn't then just print off or have a link to the stuff Evie!! has found , it will be £119.

In fact if the receipt says nothing and what Evie found is valid, I would kick off and say you want it done for nothing or you'll report it higher.

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By *odareyouMan
over a year ago

not far from iceland,,,,,, tescos is nearer though :-) (near leeds)

What was the other fault, was that notcovered under the manufacturers warranty.. ?

Was the repair policy within apples terms and conditions ?

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By (user no longer on site) OP
over a year ago

"What was the other fault, was that notcovered under the manufacturers warranty.. ?

Was the repair policy within apples terms and conditions ?"

i don't know ive never had an iphone so no idea what their terms and conditions are that why i asked on here

I though somebody else who deals with apple a lot would be able to tell me if this was their usual practice

If i knew all that i wouldn't be asking for help.

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By (user no longer on site)
over a year ago

So what have we learned today...buy an android

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By *ty31Man
over a year ago

NW London

"So what have we learned today...buy an android

Or don't get repairs done at "official" retailers.

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By (user no longer on site)
over a year ago

How many times have I seen this!

The shop is only authorised to carry out the repairs you instructed. If the shop finds any other fault then it either fixes the fault under warranty (therefore at no cost to you) or it must inform you if the other faults. It must not correct the fault without your specific consent. In fact you must be given the opportunity to have the item returned to you in order that you can then choose to either obtain a second opinion, alternative quote or in fact choose not to rectify additional faults.

The only thing you are liable for is the agreed work. That was the contract.

Tell the shop that you agree only to pay the original quote for the original works. Tell the shop that at no time did you give any consent or implied consent to any other works. Tell the shop that you, therefore, consider any other work carried out as a repair under warranty.

Tell them that they are in breach of the Consumer Credit Act 1974 by not returning your phone and that if they do not give you the phone immediately then you will be raising a criminal complaint with the police and the local trading standards office.

But, and a big but, don't be overly aggressive or confrontational, just be firm and polite and refuse to take no for an answer - and take another adult with you as a wing-man/woman and make sure their phone is recording (tell them you are recording the conversation first).

I was a debt collector - always have backup!

If you can, do it when the shop is busy

nothing like the potential to put off other customers to help with compliance!!

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By (user no longer on site)
over a year ago

Contact CONSUMER DIRECT it's run by C.A.B.

They will be able to tell you what your legal rights are and can open a case with Trading Standards if necessary. They were really helpful to me last week.

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By (user no longer on site)
over a year ago

I can't see how they can justify doing and charging for work that wasn't asked for

If when they were fixing the screen they found additional problems, they should have made you aware of this by cobtacting you and seeing what you wanted them to do.

Thats like you coming into my work, asking for a specific meal but then I charge you extra for adding on something you've not asked for. I'd get my arse sacked, or at the very least get into serious trouble for it.

Hope you get it sorted sooner rather than later

MrsB x

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By *ENGUYMan
over a year ago

Hull

I had a similar situation year before last.

I'd a cracked screen on my Android phone. After getting a hefty quote from the shop I'd bought the phone at, I found an alternative phone repairs shop that came recommended to me and their people highlighted what the expected cost would be.

However, they pointed out that if they found further problems or necessary repairs, they'd hold back until they'd seen me again as they "couldn't legally do extra repairs without my consent!"

Hope this helps!

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By *ophieslutTV/TS
over a year ago

Central

That's terrible and in breach of the trust that you gave them with your goods. Trading standards should be involved. Hope it goes well Naughty

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By (user no longer on site)
over a year ago

One of the reasons I will no longer buy an Apple product! I absolutely hate their customer service. Robbing bar stewards!

I hope you find away to get it sorted without paying the extra.

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By *elvet RopeMan
over a year ago

by the big field

Tell them you're going to invoice them for £25 per day for loss of use of the handset, which is in your standard terms and conditions for such situations. Give them 28 days to pay such invoices and any late payments will be subject to daily compaound interest at standard commercial rates, make a big fuss in the shop if they're not backing down, be a pain in the arse, be prepared to be removed by security- record everything! Then Youtube, Twitter and Facebook are your friends....reputation for them has a financial value comensurate with the size of the negative exposure linked to it

If/when they do back down, i'd be pushing for some sort of compensation (accessories or upgrades)

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By (user no longer on site)
over a year ago

Apple will fuck you over anyway they can, they cannot charge you for work without consulting you first, you are in your right to argue this.

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By *ooking for bbwsCouple
over a year ago

secret garden chilling, always something to do in the garden

"So what have we learned today...buy an android

Or don't get repairs done at "official" retailers. "

or don't get repairs done get insurance then a month later complain, get a new phone no battery so wait another 2days,an get £10 credit! But I'm leaving ee next year! Mrs

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By *liejuniorMan
over a year ago

radstock

when you go in the shop be clear about what you want. ie your phone back in working order for a payment of 119. dont let them draw you into arguing the toss about half measures as thats the way salsemen trick people.

Dont compromise and if they dont give you the phone for the 119 then threaten trading standards.

dont get drawn into disscusing anything other than getting your phone for the agreed price, if they couldnt do it for that price they should have got consent or just done nothing, if they did extra thats not your problem .

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