Argos problem faulty item, wanting exchange but price higher now than a month ago

bootman

Can I just ask for a bit of good wording please.

I bought a Dolce Gusto coffee machine on the 10th dec from Argos. There was a price war going on just before chirstmas and Argos lowered the price to £48 online so I bought one.

Today it decided to give up the ghost. I took it back to the store and the lady said we don't have this item anymore. So i pointed out that they do, as they have a new catalogue it seems to have been given a new item number, and also has jumped up to £87.

She tried to argue this was a different item and I would not be able to get an exchange which is what I wanted.

I pointed out that the product is just the same but they have redone the catalogue and increased the price, surely this does not mean she cannot exchange my faulty one just because the catalogue number has changed and they have put the price back up!!

The store did not stock it as now only the Extra ones do apparently. so she is getting one in on Wednesday. She said if the box or anything is different then I would have to pay the difference, then went on to ramble about its still more than I paid.

I just wanted to ask what I should say come Wednesday if she trys to be funny again. They only make 1 machine so it will be the same.

RHemmings

Dunno. But there is some relevant discussion on this thread on a legal forum.

http://www.legalbanter.co.uk/uk-legal-moderated-legal-topics/43716-loss-bargain.html

Also, look here:

http://www.atkinson-law.com/cases/CasesArticles/Articles/Breach_of_Contract.htm

The are three possible measures of loss. The first is loss of bargain. The second is wasted expenditure or reliance loss and the third is a claim in restitution. The normal measure for breach of contract is loss of bargain. This measure of damages is intended to place the injured party in the same situation, as far as money can do it, as if the contract had been performed Robinson -v- Harman(1848).

alwaysonthego_2

If the store is willing to do an exchange like for like then you should not be expected to pay the higher price. Under the SOGA you should be entitled to either a repair, replacement or refund. Give Consumer Direct a call 08454 04 05 06vwho can offer you expertise advise.

lindos90

I had a similar problem once, only the oposite way round.

Bought a kettle and toaster set, £60. lasted a few weeks, then the toaster broke.

Returned with reciept, however noticed that the set had now been reduced to £30.

SA agreed it was faulty and would replace, I cheekily asked if we could have a £30 refund, as the price was now reduced. (Well no harm in asking)

SA said this was not legally possible. I asked if i could have a refund instead of a replacement. She agreed, then I promptly got back in line and bought the £30 set, putting the other £30 in my pocket:rotfl: the SA face was a picture!

Sorry, back to your point though, if you are asking for a replacement item, then it should not matter if the price has increased or decreased, its for a like for like item that happened to be on offer at the time.

I hope the company has not repackaged the item though as that may make it more difficult for you.

Good luck.

chuckley

sounds dodgy and their pulling a fast one u got it on offer and it makes sense for them to change the number with the new catalogue.

id go back and explain again until they listen and exchange!

bootman

Thanks everyone, I will let you know how I get on Wednesday when the one under the different code comes in. Fingers crossed that there is nothing different about the packaging or the model number!

Spunkeh

If the catalogue number has changed it should say on the system that the item has been integrated and give the new catalogue number, i'd check the model number on your faulty one and the one that arrives tomorrow, just to make sure the SA isn't just being difficult with you