iPhone screen replacement - Small Claims court?

Suzied8 · 08-12-2015 3:51pm #1

So I got my iPhone screen replaced on the 20th of October by a shop in my local town. There is a small scratch on it that I got from having it in my pocket with a key this happened a few days after I got it replaced, barely noticeable, no big deal.

Last week however, the screen started coming away from the phone and pink lines appear all over it when i'm using it. It wasn't dropped or anything. It just looks like it wasn't put in right.

I checked the companies website and it says that there is a 3 month Warranty with all screens. However, I went to the shop today and showed them the damage. First of all the guy said he couldn't do anything coz I hadn't got the receipt, I had got proof of purchase as I paid by card but I had nothing which had my phone details on it to prove that this was the phone they fixed because they never gave me one. Eventually, He agreed that he never gave me the proper receipt with all my details on it and searched my phone number and he had it on his computer.

However, They are refusing to replace it/refund me as they are claiming I dropped it because of the slight mark on the screen just below the menu button from the key. I'm REALLY annoyed and angry about it as I know for a fact that I did not drop it and it cost me €85 to fix in the first place, and as a student (and it coming up to Christmas), that's a lot of money for me to lose out on. I feel as though I've been robbed of it.

Do you think I could bring this to the small claims court or would it be worth my time?

davo10 · 08-12-2015 4:15pm

If you keep an iPhone in your pocket, without a cover to protect the screen, and with your keys, then the screen is going to be damaged. You would say it wasn't repaired correctly but they will point to the damage which you caused. I think you should have had a screen protector, you will do well to win this one as the evidence of abuse is there on the screen.

ssmith6287 · 08-12-2015 4:29pm

can you put a pic of it with the pink lines up

salamanca22 · 08-12-2015 4:35pm

davo10 wrote: »

If you keep an iPhone in your pocket, without a cover to protect the screen, and with your keys, then the screen is going to be damaged. You would say it wasn't repaired correctly but they will point to the damage which you caused. I think you should have had a screen protector, you will do well to win this one as the evidence of abuse is there on the screen.

The screen was supplied without a screen protector, it is reasonable to expect that it would be okay to use without one. Glass scratches, that is acceptable. The screen lifting from the device itself is not acceptable and it stinks of improper application. Using correct techniques and materials that should not happen.

If it was done correctly the glass would break before it would lift.

Suzied8 · 08-12-2015 5:04pm

ssmith6287 wrote: »

can you put a pic of it with the pink lines up

I literally just made a boards account about an hour ago so It's not letting me post pictures or links.. I'm probably breaking rules here But if you copy the links below and take away the / sign just after the www they should work.

These are the pink lines, They get worse depending on what I'm looking at.. When the screen is black, they look terrible.

www/.imgur.com/pmzMSzR
www/.imgur.com/qStZrDQ

This is to show the screen popping out.. (And it doesn't stick back in) www/.imgur.com/NcdaVUD

And here is a picture of the scratch that I had weeks before the screen broke that the fella said was the reason it's like this.
www/.imgur.com/82G3Lda

Hope those links work okay..

ohnonotgmail · 08-12-2015 5:25pm

That just looks like a badly installed screen.

salamanca22 · 08-12-2015 5:27pm

ohnonotgmail wrote: »

That just looks like a badly installed screen.

Definitely.

ssmith6287 · 08-12-2015 5:54pm

yeah if ya didnt drop it, then it looks like the cable isnt seated properly or was tore when they opened it.

On a personal note i can never understand why anybody would put a 20€ ebay screen on a 700€ phone whos main feature is its display

esforum · 08-12-2015 5:57pm

salamanca22 wrote: »

The screen was supplied without a screen protector, it is reasonable to expect that it would be okay to use without one.

ah cmon now, thats not a logical arguement.

You have no reciept and the phone has other damage, your not going to win this fight. Im not saying your not correct and Im not saying its fair but you asked the question and Im answering.

You cant prove its the same phone for starters,
you cant prove when the repair was conducted
you cant counter the arguement that you maintained the property as theres physical damage.

Suzied8 · 08-12-2015 6:04pm

esforum wrote: »

ah cmon now, thats not a logical arguement.

You have no reciept and the phone has other damage, your not going to win this fight. Im not saying your not correct and Im not saying its fair but you asked the question and Im answering.

You cant prove its the same phone for starters,
you cant prove when the repair was conducted
you cant counter the arguement that you maintained the property as theres physical damage.

I got the receipt off him today with he IMEI code when it became clear that he wasn't going to fix it, He still had it on file. I also still have the credit card receipt that clearly has the date on i to prove when it was conducted.

salamanca22 · 08-12-2015 6:52pm

esforum wrote: »

ah cmon now, thats not a logical arguement.

So, you are given a product and are expected not to use it until you get further protection for it? That is not how the world works. It is a reasonable expectation that a phone will not break when it is used in everyday situations. Having your phone in your pocket is an everyday situation.

Having repaired more phone screens than I can count on both hands and toes I can tell you now this was a botch job. If the correct adhesives were used in the first place to repair this screen it would not lift like it has, instead it would shatter unless the ops pocket is way above regular temperatures that would be needed to melt the adhesives.

esforum · 08-12-2015 6:59pm

salamanca22 wrote: »

So, you are given a product and are expected not to use it until you get further protection for it? That is not how the world works. It is a reasonable expectation that a phone will not break when it is used in everyday situations. Having your phone in your pocket is an everyday situation.

So theres millions of people suing Apple for smashed screens then is there? No, there is not because there is a thing called care and maintenance in manuals and despite what people may think, its there purely so you cant chase manufacturers for every issue that arises.

the screen was damaged, thats not reasonable usage. Thats a mistake by the user and falls outside the remit of 'reasonable care and maintanance'.

Likewise, if you dont want your car seats getting destroyed by a dog you buy covers.
Want a 'family car' to contain children, you buy special seats.
Luggage on planes
Just about every item in your home but lets look at a laptop and a TV, you think bringing one back and demanding a replacement because you scratched the screen would be entertained? Would it ****!

Screen protectors and cases exist for a reason.

salamanca22 wrote: »

Having repaired more phone screens than I can count on both hands and toes I can tell you now this was a botch job. If the correct adhesives were used in the first place to repair this screen it would not lift like it has, instead it would shatter unless the ops pocket is way above regular temperatures that would be needed to melt the adhesives.

theres no point in telling me anything, Im not a judge that would decide the case. The OP asked if there was a point in going to court, I answered based on the evidence available. I didn't say it wasnt a botch job however you prove my point, who is paying to repair all these screens? Is it Apple under warranty? No its not, its customers themselves.

Suzied8 wrote: »

I got the receipt off him today with he IMEI code when it became clear that he wasn't going to fix it, He still had it on file. I also still have the credit card receipt that clearly has the date on i to prove when it was conducted.

The credit card reciept is a nice additional only because as you say, it doesnt show the phone is the same. If he was foolish enough to give you a reciept then work away but consider its 25 euro application fee + an experts opinion stating its a botch job. Also remember that warranties are not a legal thing. Companies give them and when they ignore the warranty its a messier affair again.

Personally and speaking from experience, wait another day or two then go back and argue that you have gotten expert opinion and its a botch job and you now have the reciept proving its within the warranty time frame. Give them the option to fix their job or court which will incur the full costs. He will probable redo rather than face the grief.

salamanca22 · 08-12-2015 7:04pm

esforum wrote: »

So theres millions of people suing Apple for smashed screens then is there? No, there is not because there is a thing called care and maintenance in manuals and despite what people may think, its there purely so you cant chase manufacturers for every issue that arises.

the screen was damaged, thats not reasonable usage. Thats a mistake by the user and falls outside the remit of 'reasonable care and maintanance'.

Likewise, if you dont want your car seats getting destroyed by a dog you buy covers.
Want a 'family car' to contain children, you buy special seats.
Luggage on planes
Just about every item in your home but lets look at a laptop and a TV, you think bringing one back and demanding a replacement because you scratched the screen would be entertained? Would it ****!

Screen protectors and cases exist for a reason.

Every example you provided is not examples of damage from reasonably expected use.

This is not a case of a smashed screen, it is a case of a botched repair job. There is a scratch on the bottom of the phone, glass scratches. Coming from someone who has repaired enough phones to catch a botch job, this is a botch job through and through.

A phone screen does not lift from a scratch. Even if there was enough pressure applied in that spot to cause the screen to lift it would break before it would lift if the repair was done correctly and with correct materials.

When you buy something, there comes with it the expectation that it will be used without being damaged beyond expectation. A screen lifting is not an expected occurrence from regular use.

Edit to answer your edit:

esforum wrote: »

theres no point in telling me anything, Im not a judge that would decide the case. The OP asked if there was a point in going to court, I answered based on the evidence available. I didn't say it wasnt a botch job however you prove my point, who is paying to repair all these screens? Is it Apple under warranty? No its not, its customers themselves.

I have no idea what you mean by this. Perhaps you think I feel apple are the blame here? They are not. The repair place is. The OP may have paid to fix damage that they caused originally but they then paid for a repair that turned out the be a botch job. They need to look for satisfaction from the repair place which I expect they know and not apple. I don't get how I proved any point though.

iPhone screen replacement - Small Claims court?

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