Suing Argos under Sale of Goods Act

terrymats

Hi guys,

i've got this Samsung RP TV that has gone bad just after it's warranty got over. I had posted regarding this sometime back. It seems like Argos are not ready to co-operate. Hence, I need to sue them to get my money back or get the repair done under the sale of goods act. I was wondering if anyone has got the old argos catalogue for a purchace on 31st March 2004. I simply need a copy of the page that mentions the product with cat no 537751812. This may be required in the court.

Thanks
Terry

mr_fishbulb

Errrrr have you had any legal advice over this? I don't think you will get anything at all. Argos only needs to refund/repair/exchange if it breaks within 6 months of buying it.

Have you asked Samsung nicely if there is anything they will do?

terrymats

hi fishbulb,

I've actually taken up law study and i'm quite sure that the Sale of Goods Act allows for this. If the product goes bad in 5 years, it should be repaired or replaced by the retailed. I also spoke to Argos. But they want me to provide a report stating the fault, which is costing me more than £120. So i'd rather sue them for a lesser cost.

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

Cheers
Terry

mr_fishbulb

DTi_Website wrote:

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit

Well I never. I wonder what's the point of taking out a 5 year extended guarantee then?

Appologies to you sir

terrymats

I've already started the claim at money claim online. Hope someone can email me a scanned copy of that particular page.

Cheers
Terry

Stonk

It says "can demand damages", though - i.e., it's saying that you are permitted to pursue such an action - NOT that you would necessarily succeed. I think it would be better phrased as "can NOT demand damages AFTER 6 years".

Still, a telly which dies after 13 months clearly is not of satisfactory quality (unless you paid peanuts) in any reasonable person's book, irrespective of its length of warranty.

woohoo_postingid

This product comes with a 1yr warranty under which a repair or replacement can be requested by the customer.

A customer can claim for a repair for up to 6 years from the date of purchase providing that the customer can prove that the fault was there when the product was purchased.

You do not automatically get a 6 year warranty

You can try but I don't think you'll get very far.

pavlovs_dog

argos offers a one years manufacturers guarantee on all electrical goods (provided you retain your receipt as proof of purchase).

you are offered the choice of taking out additional insurance when you purchase the item, extending your cover from between 3-5years depending on the item.

after the 1 year guarantee is over, argos is under no obligation to do anything - it has provided you with 1yrs warranty. your gripe therefore is with the manufacturer, samsung, for poor quality equipment.

within that 1year warranty period, argos would be required by law to offer a repair/replacement service, as would be enforcable by trading standards. now that 1yr period is over, any service that argos offers to provide to you is soley as a gesture of good will on their part as they are under no legal obligation to do anything...and take it from someone who knows, the more you going in ranting and raving to them the less they are likely to help you.

djohn2002uk

Quote
"after the 1 year guarantee is over, argos is under no obligation to do anything - it has provided you with 1yrs warranty. your gripe therefore is with the manufacturer, samsung, for poor quality equipment."


From Trading Standards website:-

"I purchased goods over a year ago and the guarantee has now expired. The trader has advised me that he does not have any responsibility for the goods. Is he right?"
No! Guarantees are extra to your legal rights. If you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation.

And on certain items this can be for up to 6 years.

pavlovs_dog

djohn2002uk wrote:

If you can show that the goods were not of satisfactory quality at the time of sale i.e. they were not as durable as it is reasonable to expect, then you may have a claim against the trader or finance company (if applicable) for compensation.

And on certain items this can be for up to 6 years.

acceptable forms of proof being....?

trickytrolleys

Pavlovs dog: You are wrong Im afraid, the other posters are correct, the problem remains argos' after the warranty is up, goodwill has nothing to do with it - but the law does! If the TV just conked out after 13 months then the oP will indeed win in court!