What are my Consumer Rights (The Outcome ARGGGGGGGGGG)

magicmaria

(Hi

I purchased a phone for my son just before christmas it was £150.00 it has just died a death the keypad lights up but there is no LCD display. I bought it from ARGOS, will they just replace it or offer me my money back. I just want to be pre armed with knowing what my rights are before I go in as I am sure I read somewhere phones are different.

Thanks in advance for any help)

Well I took it back last night and they were very very unhelpful, they explained it would have to go for repair and would take upto 2 weeks. I explained my son cannot be without a phone for this long - I need to be able to contact him, and also that the phone was only 6 weeks old I was not happy with a repair and would prefer a replacement, still no joy so I asked to speak to the manager. She took the phone off me and took the battery off the back and then asked me if I definately bought it from Argos, explained YES I have the box and the receipt?? well she said it should have a sticker on the back of it (the bit where the battery goes) this has the serial number on it to show it matches the number on the box. I politely explained that the phone had been returned in the same condition I bought it, so if It didn't have a sticker on then, it didn't have a sticker on it when I bought it, so that is your problem and not mine ....... any way to cut a very long story approx 1 hr and 15 mins, the outcome is it has been sent away firstly to verify that the phone does match the serial number on the box and confirms I bought it from them, and depending on the out come of that whether it gets fixed or not. I was very exhausted and felt humilated and I felt she was implying I was trying to pull a fast one with a different phone, I just said right fine send it off and when it comes back confirming I did buy it from you I will expect a full apology. I then asked for the regional managers name as I would be writing a letter of complaint at the service I had been offered. I was then told his name is Simon - I asked for his surname and was told I don't have to give you that.

What are my rights in all this, i feel that they have walked all over me on this and basically I am now just sat around waiting for them to contact me.


I hate ARGOS>>>>>>>>>>>>>>>>>>>>>>>. will never shop there again

vandanfc

Have a look at this website - should (hopefully) give you the answers you want and more ammo.

http://www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm

Good luck.

Vanda

hjb123

I think that is ridiculous to accuse you like that.

Am sure that there are people on this forums that work for Argos so one of them may be able to come up trumps with the area managers surname and contact details for you!

Argos seems to get alot of bad press in these forums now!

Surely they could see off your receipt that you had bought the phone there? And that it was faulty?

H

Justicia

hjb123 wrote:

Surely they could see off your receipt that you had bought the phone there?

I think that the issue was not whether a phone was purchased from them, rather the query was whether the phone taken into the store by the OP was the same one that was purchased and the one listed on the reciept.

Wig

If it comes back as it is the correct phone, then insist on a full refund as is your right. (not of satisfactory quality) If they refuse just take them to https://www.moneyclaim.gov.uk

intel

I had a similar problem but with Phones 4 You
so i went straight to Vodafone and they reimbursed me fully and
£20 good will gesture...

mandi

If you had the receipt , then you should have been offered a full refund or exchange.. It seems to me that Argos just dont like to do this..In the meantime get in touch with head office, complain like crazy.. and tell them you want it sorted like YESTERDAY!!!!... if they refuse just tell them your calling trading standards as they have sold you goods which did not stand up to the purpose you purchased them for..........NEVER FAILS...

BTW.. all goods are "guaranteed for up to 6 years... so no need for extended warranties...just keep your receipt...ask any trading standards officer

mtm990553

As the phone was purchased before Christmas it would appear that you have 'accepted' the goods. This means you have passed the 'short period of time' in which you legally have to reject the goods and claim your money back(the time scale for this is not determined by ANY law).

Argos are entitled to have this phone repaired - unless the repair causes you a significant degree of inconvenience (2 weeks will generally not be defined as a significant degree of inconvenience). Any retailer will only usually offer a replacement or refund if the cost of repair was disproportionate to simply replacing or refunding the product.

Your right after you have 'accepted' the goods is a right to remedy. This means you are entitled to a repair (or the costs for a repair to be carried out) free of charge - unless the fault were caused by any sort of neglect.

Just because a product develops a fault it does not mean you have a right to a refund. This is important in adjusting your expectations - no right to a refund! This would only be the case if the fault were reported within a 'short period of time' - which is usually about 1 month but can vary depending on product.

I would advise you simply let the phone be repaired and get on with it. It simply isn't worth the time and effort. A letter about any negative attitude you have received should be all you pursue.

It is important not to jump on the bandwagon, as many do, and start believing hype or rumours. Use Trading Standards they will inform you of your rights. From what I can see, these have not been infringed.

Wig

mtm990553 wrote:

As the phone was purchased before Christmas it would appear that you have 'accepted' the goods. This means you have passed the 'short period of time' in which you legally have to reject the goods and claim your money back(the time scale for this is not determined by ANY law).

It is up to a court to decide if it is acceptable for a phone to fail after 6 weeks of use, I would say they would find in her favour. I would also say that as soon as Argos knows you are serious about going to court they will issue a refund. You have to make it perfectly clear you know what you are doing, you have to give them one month to issue the refund before you process the claim, but in that month you can show them a screen shot of your claim against Argos all ready to be fired off on the next click of the mouse.

mtm,
You contradict yourself, 1st you say authoritatively that "you have passed the short period of time you have to legally reject the goods" then you admit that there is no such "short period of time" in law. This is a 150pound phone, definately expected to last longer than 6 weeks.

I know I said "right" and I admit I was being over zealous there with my choice of words, but you said Argos are "entitled" to repair....no they are not, they are entitled to their opinion, just as the consumer is entitled to his opinion. The consumer does not have to accept a repair and can insist on a refund or exchange, the merchant does not have to agree...and ultimately it is up to the consumer to stand their ground and use the court if needed.

It is important to say that the court process only costs 30 pounds for a claim upto 300 pounds, and this 30 pounds is recoverable if the case is won. But there are no losses that can be incurred if the case fails, 30 pounds is the max the OP will lose if the case fails, her right to a repair will not be affected.

If it were me I'd stick to my guns, too many people just give up saying it's not worth it, then we wonder why we have such crap customer service in this country.

http://www.adviceguide.org.uk/index/your_rights/legal_system/small_claims.htm

Wig

mandi wrote:

BTW.. all goods are "guaranteed for up to 6 years...

The important words there are "up to" it varies depending on what the product is and what you can realistically expect from it in terms of life expectancy.

trickytrolleys

If a product fails within the first six months it is deemed by law to have been faulty at the time of purchase, (provided you havent caused it to fail) - about ALL goods being "guaranteed" for six years - that is nonsense and any trading standards officer who told you that should not be working there. Its basically about lasting a reasonable amount of time and therefore it will vary from product to product.