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Advice regarding consumer rights claim vs Apple (on a MacBook Pro)

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124

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    #92
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    Apple’s solicitor has just been in touch and has confirmed that the court will allow a stay of 1 month if I consent.

    I said I would consent if they return with their counteroffer in writing (i.e. sending device for inspection, and repair/replacement to be offered in the event that a genuine fault not caused by accidental damage is found). They accepted this and said that they will be in touch later to today with the offer in writing and they will notify the court, who will then reach out to me for consent.



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    #93
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    They’ve notified the court that I have consented to the stay without sending the counteroffer in writing, which I told them my consent was contingent on.

    I’ve emailed back asking for the counteroffer in writing again, as agreed.



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    #94
    FishOnABike
    Registered Users Posts: 4,414 ✭✭✭FishOnABike


    Was the agreement to get the counteroffer in writing in writing or verbal? If only verbal you can either

    write to their solicitor requesting the counteroffer in writing as agreed 

    or

    wait for the small claims court to request confirmation of your agreement to stay the matter for a month and not agree, giving their failure to put the counteroffer in writing as your reason.



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    #95
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    https://www.boards.ie/discussion/comment/118049159#Comment_118049159

    Only verbal. Their solicitor has just responded to my request with the counteroffer in writing.

    They’ve offered for me to have an inspection and have the device repaired free of charge so long as a list of conditions surrounding no accidental damage are met. So I’ve accepted that and we’ll see what the next steps are.

    I will be taking many photos and videos of the device prior to sending off in case someone decides to add an “accidental damage”…



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    #96
    FishOnABike
    Registered Users Posts: 4,414 ✭✭✭FishOnABike


    I'd add that any accidental damage not directly connected to the display fault in question should not have any effect on their duty to repair what would appear to be a design / durability defect in their product.



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    #97
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    https://www.boards.ie/discussion/comment/118049640#Comment_118049640

    Great point, thanks - definitely something to mention if they try to pull a fast one like arguing about some tiny cosmetic wear such as a scuff or scratch… though the device is in extremely good condition, so it’ll be hard for them to find anything to argue over.



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    #98
    FishOnABike
    Registered Users Posts: 4,414 ✭✭✭FishOnABike


    I'd also add that any wear and tear from normal use should be considered already factored in as depreciation in your claim and should not be used to try and reduce your claim.



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    #99
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    UPDATE: So my device was picked up last week and reached the repair centre on Thursday, went for inspection on Friday. The status then changed to 'On Hold', so I emailed the Apple contact this morning asking for an update.

    He said the results of the inspection were passed to him this morning and he has forwarded them to the legal team, and is awaiting further instructions from them on how to proceed. He didn't share the results/report from the inspection with me, which was annoying... I feel like they're going to try to pull some excuse here in an attempt to disqualify the device. I did extensively photograph and take videos of the device prior to sending it off, showing the excellent condition it is in, considering it is now 4 years old. I asked him to share the details of the inspection, given it is my device. I believe I should have the right to see this as it is data relating to me which a company has, correct?


    EDIT: He refused to share my device inspection report:

    "I will update as needed as soon as I am informed of the final outcome. Most likely I will have an update tomorrow. "

    Post edited by rm212 on


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    #100
    28064212
    Registered Users Posts: 10,526 ✭✭✭✭28064212


    https://www.boards.ie/discussion/comment/118171073#Comment_118171073

    I believe I should have the right to see this as it is data relating to me which a company has, correct?

    Two things:

    1. The right is debatable - information about an inspection of your machine is not the same thing as personal information. I'm not saying you don't have the right, just that it's not straightforward
    2. If the right does exist, your enforcement of that right may not be of any practical use - a data controller has a month to respond to any request

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    #101
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    https://www.boards.ie/discussion/comment/118171636#Comment_118171636

    Yeah, I was a little bit uncertain about whether I did have a legal right to it, given it's not quite 'personal' information... but it is tied to my personal device and will be linked to my account on Apple's side, so a bit of a grey area, to be honest.

    You're correct on the 'enforcement' side of things, that's true.



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    #102
    Dav010
    Registered Users Posts: 14,231 ✭✭✭✭Dav010


    You are going to find out soon enough. Either they cover the cost of repair or they inform the Court that their inspection revealed user damage, and reveal the report to support their stance. If they aren’t telling you and want to discuss with their legal team, that suggests they found something and are deciding whether it’s worth their time disputing your claim.

    I suppose this might seem like a good time to have had an independent report.



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    #103
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    No response from them at all since. They said they’d likely have an update for me the following day on Monday.

    Followed up yesterday and still nothing. No details of inspection report and they are holding on to my device. I reckon they didn’t find accidental damage and discovered I was actually correct about the fault, but they’re trying to think of other ways to disqualify my claim. If they found accidental damage, surely they’d just immediately tell me so and say they won’t repair for me.



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    #104
    C3PO
    Registered Users Posts: 3,752 ✭✭✭C3PO


    I’m very surprised that Apple are not being a bit more pragmatic here - their legal bill has to be more than the value of your four year old laptop at this stage!



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    #105
    travist
    Registered Users Posts: 247 ✭✭travist


    https://www.boards.ie/discussion/comment/118038528#Comment_118038528

    Not sure about this ... I think you have to get consent to record someone, so if they were not aware or did not consent to being recorded, then it would not be admissible I'd imagine.



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    #106
    Dav010
    Registered Users Posts: 14,231 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/118201925#Comment_118201925

    In Ireland only one party in a conversation needs to consent to its recording.



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    #107
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    https://www.boards.ie/discussion/comment/118201616#Comment_118201616

    I’m also shocked they’re wasting so much in legal fees and man hours to avoid a repair that would cost them a couple of hundred quid…



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    #108
    FishOnABike
    Registered Users Posts: 4,414 ✭✭✭FishOnABike


    https://www.boards.ie/discussion/comment/118204737#Comment_118204737

    It could be the case that admitting the issue in this case potentially opens up a wider liability issue.



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    #109
    Dav010
    Registered Users Posts: 14,231 ✭✭✭✭Dav010


    I suspect Apple also have their own legal Dept. I doubt they would be paying outside advisors for this type of issue.



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    #110
    fritzelly
    Registered Users Posts: 17,334 ✭✭✭✭fritzelly


    https://www.boards.ie/discussion/comment/118204958#Comment_118204958

    Already happening in the US on this issue



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    #111
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    https://www.boards.ie/discussion/comment/118205054#Comment_118205054

    They are - the legal agency who contacted me were an external Irish law firm, not someone from Apple.



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    #112
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    I am still waiting to hear anything. The exec liaison has had the results of the inspection for 9 days and keeps promising an update the following day, but never gives one. They’ve been holding on to my device for 12 days now.



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    #113
    Fishdoodle
    Registered Users Posts: 321 ✭✭Fishdoodle


    https://www.boards.ie/discussion/comment/118215259#Comment_118215259

    I’m really surprised! Apple prides itself on its customer service and your experience here is the opposite! Sorry you are having to go through all this



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    #114
    rm212
    Registered Users Posts: 689 ✭✭✭rm212


    https://www.boards.ie/discussion/comment/118215428#Comment_118215428

    Thanks… yeah very surprised myself as it doesn’t seem very Apple-like to handle what is a cheap repair for them so poorly and let it drag on so long and waste everyone’s time and their own resources.



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    #115
    Fishdoodle
    Registered Users Posts: 321 ✭✭Fishdoodle


    I remember I had a ‘legacy issue’ after a family member passed away …to access family photos on an iPad.I got plenty of calls from legal team etc. But what you’re going through just seems really unprofessional! I mean your an Apple user …. Part of ‘The Apple Family’ 😅 and all that jazz. You’re doing them a huge favour by agreeing to a product check …and they’re not fulfilling their own expectations as to when they’ll expect a reply to you!

    And you hear of hassle free product replacements regularly where hardware is at fault.

    You don’t seem unreasonable … I’d imagine a neutral party would see the same. Hope you get a good resolution.

    If I were in Apple …I’d be scratching my head and say …”just give this guy a replacement” 😀 …win win.



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    #116
    fritzelly
    Registered Users Posts: 17,334 ✭✭✭✭fritzelly


    Send email giving 24 hours for a response else you will continue with the SCC

    They're taking the piss again



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    #117
    Dymo
    Registered Users Posts: 1,559 ✭✭✭Dymo


    https://www.boards.ie/discussion/comment/118215428#Comment_118215428

    Only if you buy Apple care, they don't really care about you if you don't and in the OP's case he would be gone past that stage now and would be in the same situation.



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    #118
    Dav010
    Registered Users Posts: 14,231 ✭✭✭✭Dav010


    https://www.boards.ie/discussion/comment/118216873#Comment_118216873

    Do they not know that already, and it would take some time before a hearing would be arranged.



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    #119
    travist
    Registered Users Posts: 247 ✭✭travist


    On this topic, can you tell me how you determined the company name to use for your claim? You made the claim against Apple, but if you purchased the product in a shop, should you used the retailer name for the small claim court form? Also, if you loose the claim, will you be liable to any counter claim to pay any of the expenses for the other party?



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    #120
    LawBoy2018
    Registered Users Posts: 1,162 ✭✭✭LawBoy2018


    This is such an interesting thread. Looking forward to seeing how things conclude.

    The EU small claims route seems to be the better option imo, rather than via the Irish small claims court, but hopefully things work out for you.



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    #121
    whippet
    Registered Users Posts: 7,673 ✭✭✭whippet


    https://www.boards.ie/discussion/comment/118221834#Comment_118221834

    the OP said he bought it direct from Apple.



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