Not upheld: Other regulated complaint complaint against Apple Retail UK Limited
Financial Ombudsman decision DRN-7209279 of 2019-12-18T00:00:00+00:00. Other regulated complaint complaint against Apple Retail UK Limited. Outcome: Not upheld.
Decision detail
| Reference | DRN-7209279 |
|---|---|
| Decision date | 2019-12-18T00:00:00+00:00 |
| Firm | Apple Retail UK Limited |
| Product | GAP / warranty insurance |
| Claim type | Other regulated complaint |
| Outcome | Not upheld |
| Remedy | None. No compensation ordered. |
Summary
Mr L complained about Apple's sale of an iPhone Upgrade Programme credit agreement and AppleCare+ insurance when he upgraded his mobile phone. He claimed he was mis-sold the products, not informed that Apple was a credit broker, and not given paper terms or informed of insurer changes. Apple unwound the deal after the replacement phone was also faulty, refunding Mr L's payments. The ombudsman found that while Apple made some errors (website information, potential failure to highlight insurer changes), these did not directly impact Mr L or cause financial loss, and the credit agreement clearly identified Apple's broker role. The complaint was not upheld and no compensation was ordered.
The Ombudsman's reasoning
The ombudsman found that while Apple made some errors, none directly impacted Mr L or caused financial loss. Terms and conditions were provided by email and Mr L had used the programme before, so he was likely aware of what was included. The credit agreement clearly stated Apple's role as credit intermediary and the bank as creditor. The website error about the insurer did not directly impact Mr L, and any insurer changes did not affect him. The ombudsman's jurisdiction was limited to FCA-regulated activities (insurance arrangement), not the upgrade programme itself.
How this compares
| Group | Decisions | Uphold rate |
|---|---|---|
| Apple Retail UK Limited, all decisions | 5 | 10% |
| Other regulated complaint, all decisions | 19,202 | 17% |
| GAP / warranty insurance, all decisions | 915 | 39% |
Source
Read the original decision on the Financial Ombudsman Service website