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Consumer Rights: MoneySavingExpert.com discussion

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  • Art_2
    Art_2 Posts: 1,602 Forumite
    AOC won't repair it unfortunately, as that model is licenced for repairs to Dixons. that's what i was told when i phoned them.

    Art: thank you so much for your help! just a couple more questions:

    since it is an intermittent fault (it's working at the moment!) won't it be our word against theirs that it's broken? one of the customer service people we spoke to said if it's working when we take it in, they won't do anything.

    do we have any rights even if the fault is intermittent?

    also, do you know if there's anywhere i can print out the Act you mentioned so we can take it in to show the staff? they were VERY unhelpful to the point of being rude last night, and, from what you've written above, basically lied to us about our rights.
    It doesn't matter if the fault is intermittent - it just makes it a bit irritating when you find it working when you are in the store. Tell them in no uncertain terms that the monitor is faulty. It is up to them to prove differently.

    The Sale of Goods Act is lengthy but have a look at:

    http://www.dti.gov.uk/consumers/fact-sheets/page24700.html

    You will find a reference to the six month period I mentioned. However, if you can't get anywhere with PC World face-to-face what chance of getting them to read the details. We assume they can read ;-)

    As they are being very obstructive I would suggest you inform them that you are going to Trading Standards in the morning. They have messed you about enough.

    If Trading Standards tell you to contact the head office of PC World send a recorded delivery letter to:

    John Clare, Chief Executive,
    DSG plc,
    Hemel Hempstead,
    HP3 9QN

    One thing I forgot to mention earlier is that if you end up accepting a repair, make sure you put in writing that you do so on condition that it will not affect your right to reject the monitor if it fails again.

    Regards,
    Art.
  • Art_2
    Art_2 Posts: 1,602 Forumite
    deanos wrote:
    It might be alot quicker and easier to ring AOC direct, alot of monitors have a 3 year onsite warranty where they will send out a new one and collect the faulty one at the same time.

    AOC United Kingdom 0207 744 0050

    Normally this might have been a solution but clockworkpurple told us that in this case the manufacturer use Dixons to do their repairs.

    However, I should stress that the customer's contract is with the retailer and not the manufacturer who is legally entitled to wash its hand of the problem if it wanted to.

    Regards,
    Art.
  • shaggy
    shaggy Posts: 1,035 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    hello all. Just over 12 months ago I bought a microwave. As luck would have it, this week it suddenly conked out and now it doesnt warm up any food whatsoever. I can't get it repaired under guarantee as it only covers the 12 months. Plus I dont have a receipt as I got this microwave as a present - although I did check with Argos and they said if I take it back to the store where it was bought from they can trace the date of the sale.

    Anyway, what are my consumer rights options ? Can I still force Argos to replace the microwave even outside guarantee? It is a DeLonghi, and I called them up who said Argos take full responsibility of all Delonghi microwaves.

    Any help appreciated on this one.

    Thanks
  • Art_2
    Art_2 Posts: 1,602 Forumite
    shaggy wrote:
    hello all. Just over 12 months ago I bought a microwave. As luck would have it, this week it suddenly conked out and now it doesnt warm up any food whatsoever. I can't get it repaired under guarantee as it only covers the 12 months. Plus I dont have a receipt as I got this microwave as a present - although I did check with Argos and they said if I take it back to the store where it was bought from they can trace the date of the sale.

    Anyway, what are my consumer rights options ? Can I still force Argos to replace the microwave even outside guarantee? It is a DeLonghi, and I called them up who said Argos take full responsibility of all Delonghi microwaves.

    Any help appreciated on this one.

    Thanks

    You won't get a replacement or your money back because of the time you have had the microwave. However, you are entitled to damages although Argos won't tell you that.

    Up to 6 years (5 in Scotland) the problem comes under a reasonability clause. You simply ask 'is it reasonable that the product failed in the time it did'. In your case you would expect a microwave to last longer than a year so long as it has been used as directed. Therefore you have a case for damages which means a repair.

    Write to the head office of Argos, recorded delivery. Tell them that under the Sale of Goods Act you are entitled to a repair as the microwave should be expected to work longer than a year. Copy the branch you bought it from. Tell them that you will give them 5 days to resolve your problem or take them to the Small Claims Court.

    If you get nowhere with them before you consider the Small Claims route talk in the first instance to your Trading Standards department. This is such a simple matter that they may be able to resolve it by applying a bit of official muscle for you.

    Argos seems to be another company that refuse to advise customers correctly of their rights. I don't know if it's that the staff aren't trained correctly or they simply try to con the public.

    Regards,
    Art.
  • skintio
    skintio Posts: 65 Forumite
    Hi Art,

    I posted before about asos and my boots (my heel broke and they said id accepted the fault), I sent them an e-mail, and let them know how p****d off i was etc, but in a polite way ;) and didnt hear anything back from them.. anyway i had a phone call yest from a really nice women saying they were refunding all my money and how sorry they were, I was really pleased to say the least, she also said they would of replaced boots but they were out off stock... anyway , just wanted to say thanks again for your advice, and to let everyone asos arent that bad!
  • shaggy
    shaggy Posts: 1,035 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Art wrote:
    You won't get a replacement or your money back because of the time you have had the microwave. However, you are entitled to damages although Argos won't tell you that.

    Up to 6 years (5 in Scotland) the problem comes under a reasonability clause. You simply ask 'is it reasonable that the product failed in the time it did'. In your case you would expect a microwave to last longer than a year so long as it has been used as directed. Therefore you have a case for damages which means a repair.

    Write to the head office of Argos, recorded delivery. Tell them that under the Sale of Goods Act you are entitled to a repair as the microwave should be expected to work longer than a year. Copy the branch you bought it from. Tell them that you will give them 5 days to resolve your problem or take them to the Small Claims Court.

    If you get nowhere with them before you consider the Small Claims route talk in the first instance to your Trading Standards department. This is such a simple matter that they may be able to resolve it by applying a bit of official muscle for you.

    Argos seems to be another company that refuse to advise customers correctly of their rights. I don't know if it's that the staff aren't trained correctly or they simply try to con the public.

    Regards,
    Art.


    Thanks for this advice Art. I was led to believe by the counter lady, they can trace the purchase of the goods from the 'catalogue number sticker' which is sellotaped on all Argos goods. So, as you said I will write a nice polite letter to the Argos head office, with a photocopy of the 'sticker'.

    Thanks again for your advice.
  • Art wrote:
    You won't get a replacement or your money back because of the time you have had the microwave. However, you are entitled to damages although Argos won't tell you that.

    Up to 6 years (5 in Scotland) the problem comes under a reasonability clause. You simply ask 'is it reasonable that the product failed in the time it did'. In your case you would expect a microwave to last longer than a year so long as it has been used as directed. Therefore you have a case for damages which means a repair.
    I presume you're talking about s.14, in which case why is it you think there's no right to reject, only repair? I was under the impression that if the goods aren't reasonably durable there's been a breach of condition which entitles the buyer to repudiate the contract?
  • Art_2
    Art_2 Posts: 1,602 Forumite
    I presume you're talking about s.14, in which case why is it you think there's no right to reject, only repair? I was under the impression that if the goods aren't reasonably durable there's been a breach of condition which entitles the buyer to repudiate the contract?

    After a period of a year or more it would be seen as reasonable for the retailer to repair rather than replace. Depending on the product some retailers may replace because it's cheaper than to repair but that it their decision.

    Also in this case the buyer would have to show there was an inherrent fault in the product and that could be difficult.

    If this went before a court they would look to see if both parties were being reasonable in their dealings, and I think a court would feel that a retailer was being reasonable to repair in this case.

    Regards,
    Art.
  • So you're saying that a breach of s.14 is a breach of warranty, not a breach of condition, because some time has passed? I can't see why that would be so?
    I respectfully disagree. s.14 specifically states durability to be a factor in establishing goods to be of satisfactory quality and unless the microwave was dirt cheap it's hard to see how it could be satisfactory that it just stops working after a year of normal use (presuming it hasn't been used to film a Brainiac segment or something!). And if a breach of s.14 is established, that breach is a breach of condition (except in Scotland) and thus gives a right to reject the goods and recover the full purchase price. I can't see how a judge could find any different because it's there in black and white in the statute, reasonable or not.
  • shaggy
    shaggy Posts: 1,035 Forumite
    Part of the Furniture 500 Posts Combo Breaker
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