I can, I've spent the past 3 months arguing with them about it, they now refuse even speak to me or acknowledge or reply to my emails and have informed me that they no longer wish to discuss the matter as it is case closed.
The last time I was actually able to speak to any via email I requested the Apple provide a written response regarding their stance on the matter :
I asked the following:
can you just confirm some things please :
Apples response as far as I can see is that
1. iOS8 did not break my iPad 2
2 . A component failure broke my iPad 2
3. Apple will repair the component at a cost to myself of £206.44 , even though the product is just over 3 years old and as such should be covered by the Sales of Goods Act 1979.
There response was :
I have reviewed your case and advised previously that Apple are unable to meet your request. You have been provided with the options that are available to you should you wish to proceed with the out of warranty service.
Your case is now closed and I will no longer respond to your emails.
So there unwilling to answer a simple request on clarification of what is the matter with my iPad 2 and confirmation that iOS 8 didn't break my iPad 2
It's as you say probably a marginal hardware failure, but you would expect a product costing nearly £550+ (64G Wifi/Cellular) 3 years ago would at least have components expected to last a little longer.
Which was my argument with Apple "Fit for purpose" and of a "Satisfactory Quality" if I buy something for £500 I expect it to last longer than 3 years (if used responsibly) and I don't expect to pay another £206.44 to get it repaired, well sorry not repaired as Apple don't repair they replace with a refurbished model (wait if they don't repair, how can they have refurbished models me wonders)
So it's not just the way Apple handles iOS Upgrades that's criminal, its the way they treat consumers, we are just cash cows to them.