Sky Refusing to Resolve Faulty iPhone – Consumer Rights and Repair Request Ignored

[Melanie18]

Hi all,

I'm hoping someone here — whether Sky staff or a customer who's been through this — can help get this sorted.

I bought an iPhone 13 from Sky in August 2022 for my son. It has now developed a serious fault: it can no longer connect to a mobile network.

We took it to Apple, who confirmed in writing:

• There’s no damage or misuse

• The device fails the cellular component test, showing a hardware defect

• The repair needed is a rear system replacement, quoted at £369

• A full diagnosis report is available

Under the Consumer Rights Act 2015, Sky — as the retailer — is legally responsible for resolving faults due to inherent defects within six years of purchase. This qualifies as such.

I’ve asked Sky to:

1. Either authorise Apple to carry out the repair and confirm they will reimburse me

2. Or arrange the repair directly through their own channels

The phone is used daily and is needed to run a diabetes monitoring app, so being without it due to a proven fault is really disruptive.

Unfortunately, Sky has so far failed to take responsibility or escalate this properly. I've asked for a written response and resolution by email, but have had no useful reply.

If any Sky staff see this, please ensure someone contacts me directly via email to resolve this issue.

If anyone else has had this happen — and managed to get Sky to cover a third-party repair — I’d really appreciate your advice.

Thanks in advance.

[Daniel0210]

@Melanie18 

Sky won't know who you are from a post. No one will contact you as a result of your post on here. 

[Melanie18]

How would you recommend escalating. It seems impossible.

[Daniel0210]

@Melanie18 

I presume you've already made a complaint? 

[Melanie18]

Yes. By emailing every available email, every complaint form, phoned, and used the chat feature, and... radio silence. 

[MightyQuinn]

Hi @Melanie18   No doubt Sky will use the full 8 weeks before issuing a deadlock letter. I hope it is not urgent. 

[PandJ2020]

After 6 months the burden falls on you to show the goods were faulty at the time they were delivered to you.

Ultimately you may have to issue a claim to see in a Judge is suitably swayed if Sky won't change their position.

[daveNOS]

@Melanie18 As you have had the phone for more than 6 months you would need to prove the fault was present when you received the phone before Sky would be liable for any repairs(and given its taken nearly 3 years to develop this fault that is unlikely).

[MarkGoldsmith]

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@PandJ2020 wrote:

After 6 months the burden falls on you to show the goods were faulty at the time they were delivered to you.

Ultimately you may have to issue a claim to see in a Judge is suitably swayed if Sky won't change their position.

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I agree.

@Melanie18 the 6 years you reference is that a consumer has 6 years to make a claim under the Consumer Rights Act its doesn't mean that the product as to last for 6 years.

Unless you have evidence that the device was inherently faulty when it was purchased then its not so clear cut under the Consumer Rights Act. Obviously your case is based on the durability of the product, and even after the 6 months period had pasted if the phone that developed this fault within the first 12 months or so i reckon you would easily have a case. In this scenario the question will be about what is the expected lifespan of a phone of that expense which is quite subjective and mainy may feel that a lifespan of 2.5-3 years is aqequate. I suspect trying to claim under the Consumer Rights Act for this scenario won't be trivial or perhaps cheap as you may wish to engage legal advice.

I'm actually been reading up in detail about the Consumer Rights Act over the past couple of days as i've got a family member who has to invoke it for an expensive purchase.

[TimmyBGood]

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@Melanie18 wrote:

Under the Consumer Rights Act 2015, Sky — as the retailer — is legally responsible for resolving faults due to inherent defects within six years of purchase. This qualifies as such.

---

Unfortunately not very likely for three year old hardware, as described above (and funnily enough the teams of lawyers employed by manufacturers and retailers are rather keen to keep it that way)

Apple isn't exactly known for admitting its products have any defects at all: in the very rare cases that's happened it's taken a successful class action lawsuit in the US.

[Sairz]

@Melanie18 

This happened to me! The exact circumstances -  13mini pro I was advised to send the phone to there repair centre and they would do repair or replace. Turns out the issue was the hardward no fault of mine. There was no permanent repair for this and as they said and they had no replacements (like for like).. The phone worked but the battery bar had a life of its own. They offered to cancel the last month and return my phone as "I own the phone" Long story short I found out last week they have stopped my phone destroyed it without informing me and offered me £19.50 in goodwill. To which I have not accepted. I have now requested they listen to the recordings as the service I have received for the past 4 month is disgusting .