Not upheld: Other regulated complaint complaint against Apple Retail UK Limited

Decision detail

Summary

Mr L complained that Apple mis-sold him a finance agreement in April 2016, claiming a store representative told him it would be interest-free when it was actually interest-bearing at 14.9% APR. He discovered this discrepancy approximately 12 months later and sought a refund of interest paid. Apple investigated and found no evidence of any interest-free promotion at the time, noting such promotions are only offered online for a maximum of 12 months. The ombudsman found the finance agreement clearly stated the interest-bearing terms and APR on the first page, and Mr L had a responsibility to read it before signing. Without evidence of misrepresentation, the complaint was not upheld.

The Ombudsman's reasoning

The ombudsman required evidence of misleading or false information to establish misrepresentation. No such evidence was provided by either party. The finance agreement was unambiguous in stating it was an interest-bearing personal loan with a clearly indicated 14.9% APR. Mr L's assertion that he was told it was interest-free, without supporting documentation, did not override his responsibility to read the agreement before signing. Apple's evidence that no interest-free promotions existed at the time and that such promotions are only offered online for 12 months supported their position.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website