Consumer Rights: MoneySavingExpert.com discussion

Art_2

jays wrote:

Hi Art

Hi, thanks for your reply, they are saying they have the right to check if the unit has been damaged, and to repair it if it costs less than to replace it. Also that they take a reasonable length of time to do this.

I quoted Stat Rights to them, They have said unless I get something in writing from Trading standards they will not backdown. (This was when I was insisting on a replacement) Even told by one argos employee they had there own Stat rights!!

We are two weeks away from the 6 month period, I think it was paid for by credit card (will have to check)and would have been over £100 as was packaged with a case etc.

Any advise on a quotes I can give to them would be helpful as may try one final push again tommorow. Wife rang trading standards this morning and the advisor agreed with Argos

They are just stalling you. Write to the address I gave earlier with a copy to the store. Tell them that you will sue in the Small Claims Court if they don't resolve your problem within 7 days. If you don't hear from them contact the court. Copy your credit card company as well.

In your letter state that you are rejecting the goods due to an inherrent fault as covered in the Sale of Goods Act.

Regards,
Art.

manc29

I originally purchased an Amcor Dehumidifier from B&Q 23 months ago for £199.98. This became faulty 6 months later and was replaced with an identical model 17 months ago.
This has also stopped opperating correctly and no longer takes the moisture out of the air.
I contacted Amcor but they said it would cost £80 - £90 to service the item and see what was wrong with it.
I contacted B&Q yesterday to tell them about my problem with the product and the operator said that as it was over 12 months old that they could do nothing and that I should speak to Amcor. I told her that they were responsible for the faulty product under the sale of goods act and she then said that she would speak to another manager. They were supposidly on the telephone at the time and she was to phone me back. Yea as u can guess they never contacted me back.
What course of action can i take to get this product repaired?? Should i try to chase the store again or contact their head office instead?

Any help would be greatly appreciated
Adrian

Art_2

manc29 wrote:

I originally purchased an Amcor Dehumidifier from B&Q 23 months ago for £199.98. This became faulty 6 months later and was replaced with an identical model 17 months ago.
This has also stopped opperating correctly and no longer takes the moisture out of the air.
I contacted Amcor but they said it would cost £80 - £90 to service the item and see what was wrong with it.
I contacted B&Q yesterday to tell them about my problem with the product and the operator said that as it was over 12 months old that they could do nothing and that I should speak to Amcor. I told her that they were responsible for the faulty product under the sale of goods act and she then said that she would speak to another manager. They were supposidly on the telephone at the time and she was to phone me back. Yea as u can guess they never contacted me back.
What course of action can i take to get this product repaired?? Should i try to chase the store again or contact their head office instead?

Any help would be greatly appreciated
Adrian

Write to the store with a copy to the head office, recorded delivery. Tell them that a product of this value should be expected to last longer than it has and you expect them to repair or replace it under the Sale of Goods Act.

Write to the managing director at:

B & Q
Portswood House,
Hampshire Corporate Park,
Chandlers Ford,
Eastleigh,
Hants SO53 3YX

Give them 10 days to deal with the problem or tell them you will sue in the Small Claims Court.

I had a similar problem with a lawnmower that was 2 years old bought from B & Q. I initially got the same response as you did but after informing them of my rights they agreed a replacement.

Regards,
Art.

manc29

Thanks Art, letter in the post, will let you know what they say!

jays_2

Art wrote:

Another company that doesn't understand the law. Your contract is with Argos not the manufacturer. Do not be put off by what they say to you, tell them they are legally obliged to resolve your problem. Also as the goods are less than 6 months old you have an automatic right to reject them and ask for a refund/replacement.

Write to the head office and give them 10 days to resolve your problem or tell them you will go to the Small Caims Court. Tell them you are rejecting the goods as not fit for purpose under the Sale of Goods Act.

Send a recorded delivery letter to:

Sara Weller,
Argos Ltd.
489 - 499, Avebury Blvd.
Milton Keynes,
MK9 2NW.

As you are close to the six month deadline do this immediately.

You didn't say how you paid for the unit or how much it cost. If you used a credit card and the unit was over £100 send a copy of your letter to your card company telling them you hold them jointy responsible and ask them for their help.

Regards,
Art.

LATEST UPDATE - Received a phone call today with reference to my letter they received today by recorded delivery - nice enough Lady but I had to explain it to her all again, despite the fact she had my letter there with all the details.
After doing this she rung the store where the item was purchased and then phoned me back.... the news was,...

"Take it back to the store and they will sort it out for you"
I replied "By doing what?"
"By sending back to Nintendo"

Well this gets me no further forward! The only difference is that she said it wouldnt take 4 to 5 weeks, it would be about 1 week.
We have declined this offer at present and told her we will proceed to small claims, we have requested her offer in writing.
She states that they have every right to send product away for testing. I am begining to think I am wasting my time. Argos certaining arent going for customer satisfaction!!! I can only await her letter.
Any ideas?

Art_2

jays wrote:

LATEST UPDATE - Received a phone call today with reference to my letter they received today by recorded delivery - nice enough Lady but I had to explain it to her all again, despite the fact she had my letter there with all the details.
After doing this she rung the store where the item was purchased and then phoned me back.... the news was,...

"Take it back to the store and they will sort it out for you"
I replied "By doing what?"
"By sending back to Nintendo"

Well this gets me no further forward! The only difference is that she said it wouldnt take 4 to 5 weeks, it would be about 1 week.
We have declined this offer at present and told her we will proceed to small claims, we have requested her offer in writing.
She states that they have every right to send product away for testing. I am begining to think I am wasting my time. Argos certaining arent going for customer satisfaction!!! I can only await her letter.
Any ideas?

If you want to give them one last chance give them a week. Tell them that if it isn't back in full working order in that time you will sue them. Alternatively, you could go straight to the Small Claims Court.

Keep a record of all your dealings with Argos, it will be useful for the court.

Regards,
Art.

Matty007

Just a quick update on the ongoing saga, with my Cannon Cooker £1200 !

1) Switches melted and knobs fell off 13 months after purchase

Response by retailer: Out of guarantee sorry cant help you

2) Explained my rights and contacted the manufacturer as well.

Response by both: Sorry out of guarantee but offer from manufacturer to offer 12 months warranty for £40.00

3) Recorded letter went to retailer outlining my likely legal claim.

Response by retailer: Oh can I come and have a look !!.did so and asked if they can pay the £40.00 to implement the offer of the warranty.

4) Unexpected phone call from manufacturer asking for an appointment to repair fault free of charge !

Response by me: About time, thanks to Art but is there anything I should do to ensure that I can pursue the claim if this fault is not rectified.

I kinda think that they are coming to change the damaged components, but there seems to be an inherent fault with the cooker that makes it over heat which will again effect the new components.

What do reckon Art ?

Once again thanks for your help, I theink we are winning !!

Matty007

st0ne5ish

Hi,

My mum purchased a hairdryer on the Internet; she was not at home when the delivery company called. They posted a note through the letterbox to say it had been left with the neighbour opposite.

Unfortunately the old lady they said they left the hairdryer with has Alzheimer’s and drinking problems. My mum has been to see the old lady twice now and she said she has no recollection of receiving the hairdryer and can't find it. I don’t think she is going to get much joy in trying to get it.

Where does she stand legally? Can she call the company and request they send another hairdryer and make sure they either deliver it when she is in?

Thanks,
Steve

SuperNashwan

Matty007 wrote:

Response by me: About time, thanks to Art but is there anything I should do to ensure that I can pursue the claim if this fault is not rectified.

I kinda think that they are coming to change the damaged components, but there seems to be an inherent fault with the cooker that makes it over heat which will again effect the new components.

Whether you accept goods to the point it'd defeat your claim is simply a question of fact, so if/when you agree to the repair make it clear, in writing, that you do so without prejudice to any existing or future claim and you reserve the right to reject the goods should they continue to be unsatisfactory.

st0ne5ish wrote:

Hi,

My mum purchased a hairdryer on the Internet; she was not at home when the delivery company called. They posted a note through the letterbox to say it had been left with the neighbour opposite...
Where does she stand legally?

Unless your mum gave instructions that delivery could be to a neighbour or if the possibility was mentioned in the site's terms, then yes it's the retailer's problem not yours. The Sale of Goods Act places the risk for goods with the retailer until they are delivered and it's hard for me to imagine when just knocking on a random door in a street is going to count as delivery for a completely different household, although I think you could explicitly agree to it.

Art_2

Matty007 wrote:

Just a quick update on the ongoing saga, with my Cannon Cooker £1200 !

1) Switches melted and knobs fell off 13 months after purchase

Response by retailer: Out of guarantee sorry cant help you

2) Explained my rights and contacted the manufacturer as well.

Response by both: Sorry out of guarantee but offer from manufacturer to offer 12 months warranty for £40.00

3) Recorded letter went to retailer outlining my likely legal claim.

Response by retailer: Oh can I come and have a look !!.did so and asked if they can pay the £40.00 to implement the offer of the warranty.

4) Unexpected phone call from manufacturer asking for an appointment to repair fault free of charge !

Response by me: About time, thanks to Art but is there anything I should do to ensure that I can pursue the claim if this fault is not rectified.

I kinda think that they are coming to change the damaged components, but there seems to be an inherent fault with the cooker that makes it over heat which will again effect the new components.

What do reckon Art ?

Once again thanks for your help, I theink we are winning !!

Matty007

Yes, Matty I think we're winning on this one. Write to the retailer accepting the repair but reserve the right to reject the cooker if the fault occurs again as it indicates an inherrent fault. Tell them that if the problem isn't resolved finally to your satisfaction you will not give them any further chances but go straight to the Small Claims Court.

Regards,
Art.