Take Mobile Phone Repair Company to Fair Trading

Ljorog90 on 09/12/2017 - 15:08
Last edited 09/12/2017 - 16:40 by 1 other user

I want to start by saying that everything that I say is 100% accurate, because I want to get honest advice, help and hopefully some feedback on others experiences regarding filing a complaint with Fair Trading.

Basically I want to know if I have reasonable cause.

On the 14th of October (less than 2 months ago) I got my iPhone 6 Plus screen replaced by a third party repairer.

Within 1 week the screen started lifting and I took it back. They tried to tell me it wasn't a warranty issue and that I had dropped the phone (Which I hadn't). After some, let's just say "convincing" they agreed to open it up and have a look. When I returned they advised that it was in fact a manufacturer fault with the screen and they would replace it for me.

Then on Thursday night I pulled the phone out of my pocket, the screen had lifted out of the casing to the point where you could see the cabling and inside. I thought ohh shit that doesn't look good

I was worried that leaving the two parts separate would cause damage so I watched a screen replacement video and pushed the screen back into place, unfortunately when I pushed the last corner down it put a small crack in the corner of the screen (Problem 1)

When I tried to turn the phone on, I just got a boot loop (Problem 2).

I took it back to the repairer, they tried to argue that I dropped the phone and cracked the screen. Me knowing that wasn't the case, we had a heated argument for about 10 mins.
They told me it is impossible for the screen the fall out because it is screwed in place. I asked him if he had another Iphone 6 plus for me to look at and he handed one over. I noticed two screws were missing. I didn't mention this straight away and continued arguing my point ask asked them if it was possible for the screws the just fall out. Both he and the assistant instantly said "no" without putting any thought to it, which is obviously the honest answer. I replied, "So why doesn't mine have screws?". I turned my phone around and at that point their position changed.

They no longer argued that I dropped it, but said that since the screen was cracked they couldn't replace the screen under warranty. THey also said that even if the screws were missing the screen wouldn't fall out. He shook a sample phone and the screen popped out a tiny bit because when he pressed back on the screen I heard it click, but he refused to acknowledge that and said I was dreaming. (Absolute load of bullshit because the assistant opened her eyes like, "oh shit", when it clicked.)
I argued that I wasn't trying to claim the screen was faulty, but rather it was a installation fault / professional negligence which resulted in the damage to my phone.

The owner (Chinese) kept going on about cracks not being covered by hardware warranty and didn't seem to understand my concept of damage occurring due to incorrect installation / professional negligence.

Didn't get anywhere with them, went up to Apple, Apple ran all their diagnostics and confirmed there was something wrong with the main circuit board.

Please give me your thoughts?

Mobile

Comments

  • thewinchester on 09/12/2017 - 15:45

    Ok, so in respect of the second time this happened (and before you attempted self repair) - did you take any photographs to show that the screen had indeed popped out again?

    Secondly, exactly which screws were missing from the device, and are they still missing? Were they the two pentelobe screws at the bottom of the housing around the lightning port, or somewhere else? (See https://www.ifixit.com/Guide/iPhone+6+Plus+Display+Assembly+…)

    If the answer to either of these questions is yes, you’ll be on strong ground with your states’ consumer affairs agency under Australian Consumer Law, as you’ll be able to demonstrate that the screen repairer provided their services without due care and skill (see https://www.consumer.vic.gov.au/products-and-services/proble… for a good explanation of this).

    Having photos of the device after either of the repairs showing the missing screws will make the claim near impossible to refute.

    Also, regardless - whilst I understand that some people are still price sensitive, even after buying a $1500 phone - you’re far smarter to get the screen repaired by Apple. Yes, it may cost a little more, but you’re safer in the long run given their technical expertise, understanding of the device, manufacturer parts, plus proper calibration and testing before return; and avoid the risks that come from using third party repairers you’ve experienced such as incorrect installation, or damage to other components.

    The sad thing is this is where you’ve come unstuck, which may also provide further weight to your claim about the repair not being performed with due care and skill. As the unauthorised repair has damaged components other than the display, Apple may not be able to offer repair.

    Ask the store if they’re in a position to provide you a letter explaining the reason they declined to repair the device, which you can provide as part of any consumer law claim you may make.

    Best of luck resolving this.

    • jorog90 on 09/12/2017 - 15:53

      Thanks for the feedback.

      I didn't take a photo when the screen had popped out, I just simply didn't think too. In hindsight a very good idea.

      The screws missing were the two screws that go on both sides of the charging port. Both screws are still missing, they didn't even offer to put new screws in. They admitted that these screws were the screws that hold the screen in place.

      I have certainly learnt my lesson on this, I will never ever go to a third party repairer.

      Instead of paying the Extra $100 for a apple screen, I am now looking at potentially needing to buy a new phone.

      • try2bhelpful on 09/12/2017 - 16:14

        At this stage I would be, seriously, looking for a replacement phone. Apple Out of Warranty repairs are going to cost you $450 and that is serious money towards a new one. Even if you can get this guy to have another go at the phone do you actually trust him to do it? Also, you will probably have a lot of mucking around to get your recompense. (It is a pity you tried to pop it back in yourself, instead of taking it straight back.) One of the reasons I go with Apple is their after sales service is excellent. At least it wasn't an iPhone X.

    • try2bhelpful on 09/12/2017 - 16:01

      Good reply. I also don't understand why people don't just go to Apple. Just how much cheaper does a screen have to be to be willing to accept the pain that might be involved. Particularly when Apple don't repair squat, they give you a refurb phone replacement. A quick search of Ozbargain shows an appreciable number of complaints that follow the same general line of this posting.

      iPhone screen replacement costs
      The repair pricing in this chart applies only to screen damage. If you have any other damage to your iPhone, you’ll pay additional costs.

      Model With AppleCare Out-of-warranty
      iPhone X A$45 A$418.95
      iPhone 8 Plus, iPhone 7 Plus, iPhone 6s Plus A$45 A$268.95
      iPhone 8, iPhone 7, iPhone 6s, iPhone 6 Plus A$45 A$228.95
      iPhone 6, iPhone SE A$45 A$208.95
      See pricing for more iPhone models

      When my man's iPhone 6 had an issue they were willing to replace it for the battery replacement cost. We quibbled but then realised we could sell it second hand for more than it cost for the replacement refurb. It was definitely a forehead slap moment.

  • holdenmg on 09/12/2017 - 17:02

    Don't Apple have a Genius Bar @ Westfeld Hornsby…
    Maybe get a quote.

  • marketingpolice on 09/12/2017 - 18:49
    +1

    I once took a retailer to Fair Trading about a new dress I bought. I bought it for a special occasion and since it was patterned did not notice it had a small hole until I took it out ready to wash it a few weeks later. I brought it back with tags still attached asking for either a refund or a new one. They claimed I had damaged it myself with scissors or jewellery (which I hardly wear any) and refused to do anything. I went to Fair Trading thinking surely they would order them to swap it. Fair Trading spoke to me on the phone and fired questions at me. I got the feeling consumer law was not always there to protect the consumer. They sided with the business even though I honestly did nothing wrong. Instead the solution they ordered was for the retailer to pay for the cost for it to be mended. I told them I found that ridiculous as you would see the mended hole. They said I was not entitled to get a refund or a new one and that I had to be satisfied with them fixing it best they can given I did not point out the problem before I walked out of the shop. So be prepared for Fair Trading to say you should have checked the phone and noticed it was not fixed properly and had missing screws :( Good luck hope it works out.

    • JimmyF on 09/12/2017 - 19:15
      +1

      I'm sure if you didn't wait 2 weeks (or more) between buying and returning it. Also asking for a refund after such a long period is a 'red flag' of someone who buys it, hides the tags, wears it and then returns it.

      I'm not saying you DID THIS, I'm just saying it happens.

      So was the repair noticeable at all?

    • bobbified on 09/12/2017 - 20:10
      +5

      I got the feeling consumer law was not always there to protect the consumer.

      Your feeling is correct! It's there to protect both the consumer AND the retailer.

      • marketingpolice on 09/12/2017 - 20:19
        +2

        In my case it really did not protect me at all. I told them when I bought it from a boutique that it was for a wedding. I even sent a copy of the wedding invite in with my claim to Fair Trading. They said you should check the item 100% before you walk out of the store. The repair was horrible. Better off with the hole :( Lesson learnt though. So now even with each click and collect I pick up, I open the parcel and inspect it. Irritates retailer and people behind me but given I know from experience law not on my side, I figured better safe than sorry.

        • Gotchas on 10/12/2017 - 04:10
          +1

          Fair trading can't enforce anything even if they took your side.
          They are a mediator and part of the dispute process before going to the tribunal.
          In your case a credit card charge back would of being my preferred course of action

        • HighAndDry on 11/12/2017 - 10:27
          +2

          There's no way for anyone to prove whether the dress had the hole before or after you bought it. For all anyone knows, you could've bought a perfectly fine dress and put the hole in it yourself.

        • marketingpolice on 11/12/2017 - 16:34

          Yes that's true of every product that you buy that turns out to be faulty unfortunately. Your word against theirs. That's why Fair Trading advised to not leave the store without checking. They even suggested that for items in boxes like computers, tablets and phones. They said once you walk out of the store and it is damaged, it's hard to prove you did not cause the damage by dropping it etc. You then rely on the goodwill of the store to replace it. Some know that it is too much hassle for consumers to go to Tribunal so they just say no. Best to just check in store and avoid dramas.

  • Master Bates on 09/12/2017 - 19:10
    +2

    I have replaced the batteries in multiple iPhones (4s, 5c & 6) which involves removing the screen. It is only those 2 pentalobe screws securing the screen in place and it sounds like the repairer has failed to replace them both times. I find it strange that they could miss such a basic step, so maybe there is something more at play. Perhaps they overtightened them, stripping the case’s screw thread and they have then fallen out.

    Here’s where I see a problem; you attempted to repair the phone yourself and have damaged the logic board. I think you’ll find it hard to argue that the repairer is responsible for replacing that, even though it stemmed from the failure of the original repair.

    Regardless, I would document what you can and threaten to take them to Fair Trading in the hope they will fix it. If they don’t, file a claim; what more have you got to lose. I hope you were smart enough to back up your data.

  • JimmyF on 09/12/2017 - 19:16
    +5

    when I pushed the last corner down it put a small crack in the corner of the screen (Problem 1)

    Yeah, there goes any 'warranty'. You broke the screen, REGARDLESS of how it was broken. Its broken.

    Just get the screen replaced at a different store and move on. Seriously not worth the hassle and personally have no case, so just wasting peoples time.

    • PVA on 11/12/2017 - 16:36
      +1

      That's what I was thinking as well.
      Op has now really damaged the phone.

  • cristobaljamesy on 09/12/2017 - 19:23
    -2

    Best idea is do a chargeback with your credit card and use the money towards a new phone

    • thatonethere on 09/12/2017 - 22:00

      Not really a good idea. it doesn't insulate you from the debt - the phone repairer could just sell the debt for a $1 to a collector and you will screwed unexpected at an inconvenient time in the future.

  • cristobaljamesy on 09/12/2017 - 23:08
    -2

    Obviously you don't understand. After the credit card company investigates there is zero debt and you receive a full refund.
    Been there, done that.

    • JimmyF on 11/12/2017 - 18:35
      -1

      The STORE still has a DEBT with you, due to the chargeback. They CAN sell it on if they like.

      • cristobaljamesy on 12/12/2017 - 09:38
        -1

        The BANK is the CREDITOR..
        Once they recover the funds, there is no debt.
        They will have to then take on the bank aka purchase protection.

  • Prince K on 10/12/2017 - 20:53

    I’m in a very similar situation as you at the moment. My case is

    Cracked the screen of my iPhone 7 Plus, took to a third party to replace the screen, where they have lifetime warranty. It was working fine for about 2 - 3 weeks, but then the touch screen becomes unresponsive at times, though the buttons were working (even the home button). I had taken video recording of this happening. Have also tried factory reset the phone but no luck.
    Took it back to the third party as it has lifetime warranty, the screen was unresponsive when I left home, but it was working when I arrived the repairer. The man inspected the phone, rubbed some liquid on it for a minute then told me to come back when it isn’t working again and they’d repair it under warranty.
    Two days later, it wasn’t working again and when I arrived the repairer, it remained unresponsive. They took my phone and said they’d replace it right away and come back in an hour to pick it up. Three hours later, I went there but they said the phone is not ready yet, they had put another screen on it but the home button would not work. Told me to come back tomorrow.
    The next day, I went and noticed immediately that although the touch screen was working, the home button was sticking out of the screen at an odd angle. This was very obvious to see visually and can be felt to the touch easily too. The man immediately said it is normal and lost his temper. He said there is nothing he could do and said when I took the phone in yesterday, the screen was scratched and this had voided the warranty. He did not tell me this, when I first brought the phone in while it was working and yesterday when it was unresponsive. I said to prove it and show me the screen and he said it’s gone. The video I had take also showed a perfectly fine screen. He claimed there’s nothing he can do about the home button and offered me a refund, but take the screen off the phone. So he’d give me a phone without a screen, I replied that I cannot have a phone without a screen, I don’t care if he puts a cracked one back it, but it has to be functional, just like the state when I first took the phone in. Once again, he told me to come back to tomorrow.
    The next day, I called and he said he hasn’t found a used screen yet. I asked for a definite time (like a week?). He said he doesn’t know and hung up on me. they told me they had fixed the home button as there was dirt pushing up against it, the screen is now fine and ask if I still want a refund. I replied I want the refund.
    The next day, he sent me an sms telling me he found a used screen and can reinstall it right away. They apologised for the problem caused by the suppliers faulty screen. They fulfilled their obligations according to their written terms and conditions and my “change of mind” caused extra work and will charge me $75 extra labour, which will be deducted from the refund.
    Obviously I said no to this, as i wanted the refund because a. They lied about a scratch on the screen in order to void my warranty, what’s to say it won’t happen again in two weeks, b. He was so rude, he lost his temper before me and c. He initated the refund first when I confronted him about the home button. It has now been two weeks since I put a complaint through to ACCC, and the repairer has had my phone since then. The complaint takes 30 days to process, and I feel uncomfortable for the to have my phone for this long but there’s nothing I can do. Do you think I have a case here? I read some reviews on google, it’s not their first time being rude to customer in person, hang up on phone or offering refund and return the phone without a screen.

  • HeWhoKnows on 10/12/2017 - 23:11
    +1

    Fair Trading WONT DO ANYTHING other than contact the repairer and ASK if they would repair the fault for you.
    If not they will then direct you to instigate a claim against the repairer at your own time and expense.
    Furthermor YOU damaged the screen. Not them.
    You probably caused the main board issue by forcing the screen back down. Not them.
    Should have just taken back. Case dismissed.

    Next time dont watch DIY repair Youtube videos unless you are doing it ALL yourself.

  • HighAndDry on 11/12/2017 - 10:26
    -1

    Pretty sure the Tl;dr of this is:

    1. Repairer did a sub-par repair of your phone but it was working fine.

    2. You tried your own DIY repair and broke your phone.

    Yeah, good luck with that.

  • bobbified on 11/12/2017 - 11:33
    +1

    I honestly think that the most reasonable outcome would be:

    1. You pay for a new screen (because you broke it by trying to force it back).
    2. The repairer covers the cost of the labour involved in replacing that screen.

    I would actually suggest that to the repairer. A little give and take on both sides can go a long way.

    • JimmyF on 11/12/2017 - 18:40
      +1

      From the store's point of view, what the OP said that happened, can't be verified. ie screen was lifted etc. All they are seeing is a cracked phone screen.

      The OP should have taken it back in with the lifted screen and asked them to fix it. They didn't, they then broke the screen.

  • jorog90 on 11/12/2017 - 20:51

    just to clarify, I didn't DIY repair it per say. My intention was to not let the screen and case flop around as separate pieces held on by the cables until I could take it back to the store.

    I mentioned watching the video to show that I was trying to take care and didn't just try mash the two parts together.

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