T-Mobile just passes the buck for my faltering iPhone 4

The mobile phone retailer insists I have to resolve the problem directly with Apple

I have a two-year contract for an iPhone 4 through T-Mobile that I took out in September 2011. The touchscreen has been malfunctioning for weeks but T-Mobile has told me I have to resolve it with Apple and, as Apple only offers a one-year warranty, I’d have to pay for the repairs. I informed them that under the Sale of Goods Act they, as the retailer, are obliged to resolve it with the manufacturer. But they insist this isn’t the case. MC Stroud, Gloucestershire

The Sale of Goods Act does indeed make the retailer liable for up to six years after a purchase. But after the first six months the onus is on the customer to prove the fault was inherent at the time of purchase rather than caused by damage or wear and tear. Either way, the retailer, not the manufacturer, should be dealing with it. T-Mobile’s lack of co-operation extends to its press office which has prevaricated ineffectually for two months, so I suggest you ask T-Mobile for a deadlock letter enabling you to take your complaint to the communications ombudsman.

If you need help email Anna Tims at your.problems@observer.co.uk or write to Your Problems, The Observer, Kings Place, 90 York Way, London N1 9GU. Please include an address and phone number.

Anna Tims

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