Apple stole my £££

Discussion in 'MacBook Pro' started by stevenoross, Apr 23, 2015.

  1. stevenoross macrumors newbie

    Joined:
    Apr 23, 2015
    #1
    To be brief, I bought a macbook pro (+applecare) last May after two months there were several defects evident which culminated in the thing burning me & developing a HUGE crack down the screen. I contacted Apple who asked for the MBP in August for inspection, it would be a "few weeks" Margaret Lordan said (thankfully I have all emails & conversations recorded!) Heard little and FINALLY I PHONE on 29th December to be told that based on tests (WHICH DID NOT INCLUDE THE CHARGING BLOCK, JUST MAIN UNIT, EVEN THOUGH THE ISSUE WAS WITH THE CHARGING BLOCK)

    Below is the email i've sent to Apple including relevant points from phone calls recorded. It's absolutely disgusting that apple have behaved like this & continue to behave like this. I'm left with no MBP, no refund & in debt from sourcing a replacement machine. They refuse to budge so despite failing health i'm looking at dragging this to court, which I will do. One way or another I intend to get 1)my money including redress for having to acquire a replacement 2) compensation for damages & distress.

    Anyone else had anything like this??

    STEVEN ROSS


    "I begin with referencing recorded telephone calls.

    29th December 2014. Told by Margaret Lordan “won’t be in a situation where we could offer you a refund we haven’t found fault with your product.” When asked whether the machine had been switched on was told “correct”, “don’t believe the product was responsible for the burns sustained” “we don’t find any hardware defaults with your macbook pro”. I would be interested in seeing how you could persuade a sheriff that putting aside everything else the huge crack down the screen was not a hardware fault!!

    0:43 into the phone call, “Hello Margaret phone”
    Hello, wondering if it was possible to talk to Mrs Lordan please
    “Speaking”
    1:08 I do not wish the laptop returned to me
    1:15 Under the SGA breached contract as you have not issued a satisfactory product & I have informed you within SIX MONTHS (from order date)
    1:30 We haven’t found ANY FAULT WITH YOUR PRODUCT.
    1:58 Will return goods
    “DON’T BELIEVE YOUR PRODUCT HAS ANY HARDWARE DEFECTS.”

    my product doesn’t have any hardware defects?
    2:18 That’s CORRECT

    Mr Barton please illuminate how a macbook with a cracked screen is not defective?

    The conversation goes on....

    3:22 Informed me on 10th November it would take “A FEW WEEKS”
    Yeah.
    That was SIXTY days ago.

    4:21 always go to US for full analysis, we don’t compensate for that, we don’t offer compensation for that.

    4:32 You’re telling me you’ve investigated it in full & the laptop is working perfectly?
    4:42 Just to repeat ourselves again we don’t find any hardware faults with your macbook pro.

    5:09 Are you telling me the machine is absolutely perfect, it works fine?
    I’m saying to you

    6:19 you told me on 10th November it would take, quote a few weeks.
    Sure

    7:51 when will the laptop get returned?
    As I explained to you this morning once I know that information i’ll keep you informed.

    Do we have a time frame?
    I don’t unfortunately.
    Are we talking the New Year?
    Possibly!

    Next comes along our last conversation...

    4:04 At this moment in time what are you requesting?
    4:08 I wish a FULL REFUND & I also intend to seek recompense for the financial implications of this.

    5:03 Under the SGA I’m entitled to a refund.

    5:58 I reiterate that contrary to what you had thought I had not received any official response to my formal refund request.

    6:44 not received an official response. Yourself & Margaret Lordan acknowledged, both directly and indirectly, receiving my informal refund request & the ‘Declaration of Intent’ I’m legally obliged to provide prior to litigation yet the matter remains unresolved.

    I entered into a legally binding agreement with Apple whereby I was to receive a macbook pro in return for money. I supplied the money honouring my half of the agreement you however did not.

    The recorded telephone calls attached form part of the evidence I will be using to support my claim in court along with the information from the Apple Website
    The Apple website states

    “Under UK consumer law, consumers may choose to have defective goods or goods which do not conform with the contract sale either repaired or replaced free of charge. If a repair or replacement is not possible, would impose a disproportionate burden on the seller (i) , or could not be performed in a reasonable time and without significant inconvenience to the consumer, the consumer may choose either to have the price reduced or to withdraw from the contract by returning the product in exchange for a full refund. A consumer is also entitled to withdraw from the contract by returning the product in exchange for a full refund if the consumer rejects the goods within a reasonable period of time. The primary responsibility to provide a remedy is on the seller, which would be Apple if the goods were purchased from the Apple Online Store or an Apple Retail Store. If the goods were purchased from a third party reseller of Apple products, the primary responsibility to provide a remedy will lie with the reseller. For goods purchased in England or Wales, these rights expire six years from delivery of the goods. For goods purchased in Scotland, these rights expire five years from delivery of the goods. A claim under UK consumer law may be made subject to the defect being present at the time of purchase.
    Any defect or non-conformity of goods with the contract which becomes apparent within 6 months of delivery are presumed to have existed at the time of delivery.

    (I) I have been burdened
    (ii) In January with no assurances of return date I submitted my request for a refund. FOUR months passed since the macbook pro had been returned to Ireland. Whilst legislation lacks concrete guidance, I am confident that a court will agree the time taken was excessive.

    The Apple website points out “Any defect or non-conformity of goods with the contract which becomes apparent within 6 months of delivery are presumed to have existed at the time of delivery.” I reported my issues well within the 6 month limit so I am intrigued to learn what justification you have for refusing my refund.

    Going back to the call I placed to Margaret Lordan on 29/12/14 where I am told tests “have been extensive & full on”.

    1) First point I wish answered either by you now or later in court. How extensive & full on could these tests be when they did not involve the charging cable & bloc? When the matter was first raised it was made crystal clear that I believed there to be faults with those components. I raised the issue several times, I thought it was common sense to include everything for inspection & repeatedly I was told ‘only send the macbook’. I therefore repeat the question, how extensive & full on were the tests? Should escalation to a judicial level be needed I will be seeking redress not just for breach of contract but also for defamation. My account has been called into question on the back of your tests. Tests that regardless of thoroughness were fundamentally flawed by excluding the charging block.

    2) Why has my request not yet been actioned? Under the Sale of Goods Act I am entitled to a refund provided it is within six months from date of order. Irrespective of the damage inflicted I am entitled to a refund as there were numerous other faults reported within six months."
     
  2. joe-h2o macrumors 6502a

    Joined:
    Jun 24, 2012
    #2
    So let me get this straight;

    * You think they've "stolen" from you, yet you're still in discussions over a refund that will likely go your way anyway (hint: a dispute over faulty goods is not 'theft ' of your money).

    * You believe that a charging fault caused a crack in your screen (seriously?)

    * You're ranting here without much evidence and expecting what, exactly?

    How do you believe the charger is in any way related to your screen cracking? What process do you believe occurred to cause it?
     
  3. GGJstudios macrumors Westmere

    GGJstudios

    Joined:
    May 16, 2008
    #3
    Apple has nothing to do with this forum. Why are you ranting about this here, instead of talking to Apple? No one in this forum can do anything about your situation.
     

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