Dead Time Capsule - Am I wrong

[Guilfox]

So I have owned a 1 TB Time Capsule for 22 months and I came home the other day to discover it was dead. Straight up dead, no light, no power, no nothing. I tried the only thing I can which is replace the fuse but no joy. I rang Apple who had me take it to an independent (no Apple stores within 30 miles of me) who have confirmed it needs replacing and cannot be repaired.

It is obviously out of warranty and Apple won't replace it unless I take out Applecare for my MacBook Pro.

I really don't know what to do, I feel extremely hard done by with this situation. The TC cost the best part of £300 and lasted less than 2 years. I feel like it was sold to me with a limited life span and Apple should be responsible but maybe I'm wrong and just very unlucky.

I just wondered what others thought about this situation, maybe I should just man up and stop worrying. I feel so bad as in the past 5 years I have bought two MacBook Pros, one Mac Mini, two iPhones and four iPods and this represents around £4K I have spent on Apple products.

Thanks for any feedback.

 

[OllyW]

It's a well documented design fault with the Time Capsule. There's some good information on this website.

In the UK we have the Sale of Goods Act with means you can still make a claim even after the 12 month manufacturers warranty has expired.

Try ringing customer support again, mentioning the Sale of Goods Act and the fact that there is a lot of information on the internet documenting many Time Capsule failures (and also evidence that Apple has replaced many of them out of warranty).

Stay calm and be polite at all times and keep a record of the phone call. If they will not help, seek advice from your local Citizen's Advice Bureau.

This MacRumors thread may also help you.

 

[iStudentUK]

I agree with OllyW.

I'd call them again and tell them you know this is a common fault. I wouldn't go in with the legal stuff right away, you'll just put them off. Bring it in later if you need to, and do it nicely. I had a summer job in a shop and I assure you there is a massive difference in the response you will get from-

"The law says you must fix it, or I'll sue you!" compared to,

"I think this may be covered by the Sale of Goods Act, as it is not of satisfactory quality. I think I'm being fair in asking for a replacement/repair. Could we not work something out?"

If that fails write a letter to Apple Customer Service. Letters show you are serious and are not going to go away. There are templates around.

In all of this keep it very professional, but still polite. Be factual, concise and not emotional. Remember, you are trying to resolve a point of law, this is nothing to do with the £4K you have given Apple, this is just business.



EDIT- the relevent sections of the SOGA are s.14 and ss.48A-C. See here.

 

[Guilfox]

Thanks for the help

OllyW, iStudentUK,

Thanks for taking the time to respond. I took your advice and managed to speak to a senior engineer at Apple support who made it very clear that Apple's decision was that my TC would not be replaced and that this decision would not be reviewed now or any time in the future.

I said that having reviewed the SOGA that I think my TC would probably fit into the category of not being fit for purpose. He explained that I would need to prove that the TC was faulty when sold to me and had not developed the fault whilst in my care and that it was my responsibility.

I have spoken with the repairer who have said they will have a look into it but I'm not sure they will be able to prove one way or the other whether a particular component was faulty at the point of sale or developed a fault over time.

Thanks again and I will speak with a friend who is a solicitor but I get the feeling it will cost as much to force Apple to replace my TC as it will to purchase a new NAS solution.

Thanks again for your help, this isn't the end but I fear I am close!

To others reading this post, please bear in mind this is just one TC but there seem to be a lot that have been faulty that Apple have replaced out of warranty but that seems to have stopped now so definitely look at other options.

Edit - I fully intend to send a letter and hope that manages to get the Support staff to change their mind!

 

[iStudentUK]

You do have the burden to show you didn't break it, but remember that you only need to prove "on balance of probabilities". So 51% will do.

I'd definitely talk to a solicitor friend! I've never had to go to small claims court, but a few people I know have. It isn't scary at all, really. You have an independent report, TCs have had lots of faults and Judges tend to like consumers more than big companies. It does not cost much at all! ~£30 to make a claim online to go to small claims court. You do all the talking yourself (no lawyer) and you don't have to pay costs if you lose.

I would send a letter then a "notice before action" (it's very important that it actually says that clearly) giving them time to sort the problem out each time. You can go to moneyclaim.gov.uk if that doesn't work. Often just receiving a court summons makes a company pay up.

Talk to your friend and they will know more than I do, but if I was in your position I'd not let this drop, and would go all the way to small claims if needed.

Enjoy the process! It's just a game you are playing with them. Keep us updated!

 

[OllyW]

You do have the burden to show you didn't break it, but remember that you only need to prove "on balance of probabilities". So 51% will do.

I'd definitely talk to a solicitor friend! I've never had to go to small claims court, but a few people I know have. It isn't scary at all, really. You have an independent report, TCs have had lots of faults and Judges tend to like consumers more than big companies. It does not cost much at all! ~£30 to make a claim online to go to small claims court. You do all the talking yourself (no lawyer) and you don't have to pay costs if you lose.

I would send a letter then a "notice before action" (it's very important that it actually says that clearly) giving them time to sort the problem out each time. You can go to moneyclaim.gov.uk if that doesn't work. Often just receiving a court summons makes a company pay up.

Talk to your friend and they will know more than I do, but if I was in your position I'd not let this drop, and would go all the way to small claims if needed.

Enjoy the process! It's just a game you are playing with them. Keep us updated!

The Citizens Advice Bureau will also help and they are a free service.

It also might be worth sending a copy of your letter to sjobs@apple.com