Any help please, new phone no refund Argos

c_walk

My daughter bought a Lg KF600 mobile phone from Argos on 24th January 2009 had it 2 weeks, went to switch on and screen had vertical lines down it and half of it nothing at all. Took it back to Argos week later, they said they thought it had been damaged ( no marks no scratches not been dropped) they said they could not give refund or repair as they had to send it back to see if we had to pay to repair it. What are our rights as this phone was working one day then not the next. I left the phone with them and 2 weeks later I had a phone call from Argos to tell me we were to pay for the repair as it needed a new screen and it would cost over £50 pounds. Where do we stand this phone was bought by my daughter for £88.00 with christmas money, we have had many phones in our household and have never had prolems with broken screens or broken phones ( I have dropped mine many times and sat on it without problems) surely a phone cannot be so delicate that it has to be wrapped in bubble wrap to protect it.

vlad_the_impaler

They are trying it on.

Phone them back and politely disagree with their assessment. Firstly ask for the name and position of the person you are dealing with. That will put them on their back foot. Next, tell them you want a written and signed engineering report stating that the phone damage was caused by physical trauma to the phone from their 'expert'. Tell them that you will be taking the phone to be independantly checked and reported on, and that armed with the results of this, you will be taking action against Argos as the supplier through the Small Claims court track. Finally, ask them for a name and address of someone at head office, so you can forward a letter stating what your intentions are. along with the name and position of the person you dealt with. If the idiot you are dealing with thinks that someone higher up the food chain will get hold of this, it will make them think twice about messing with you.

75% they will wimp out at this point. If not, get the report done, and then put in a claim for the cost and the report. Make sure that Argos UK head office know about it, and ask the phone manufacturer's UK office for their comments as well CCing Argos into it.

100% they will give in. Be polite, don't swear or make stupid threats, just be calm and make sure they know that you ain't stupid and that you know your rights. Don't let them get away with it.

pinkshoes

The lines and blank bit mean the LCD is broken. I'm clumsy and drop my Samsung on a regular basis, but my screen is still in tact, despite the plastic being rather scratched and chipped now!!

I would argue your point stating that as there was no damage at all to the phone on the exterior, it was a fault rather than a problem caused by damage, as a broken screen would require quite an impact. Perhaps it's a pressure crack (hence the neat half split and lines) which would prove it was faulty.

Did you take photos of the exterior?

Phone up the phone manufacturer and see if you can speak to someone there who would be able to tell you if it's a known fault?

Hailz86

Also under the 12 month warranty of this phone you should not have to pay for a repair or replacement. Follow the advice above xx

Crazy_Jamie

Next, tell them you want a written and signed engineering report stating that the phone damage was caused by physical trauma to the phone from their 'expert'.

This is important, because the only way that they can get out of replacing or repairing this phone for free is if your daughter damaged it herself. However, if the product was bought less than six months before the fault materialises, the assumption at law is that the fault was with the machine and not caused by the owner. If they want to allege that your daughter damaged the phone, it is for them to prove it by obtaining a report from an expert. Most stores will simply not bother to do this, as indeed they shouldn't as it is not economical to do so.

Unless they are willing to instruct an expert engineer to examine the phone, and that examination concludes that the phone was damaged by your daughter, they legally have to repair or replace the phone free of charge.

Colliefrog

If they want to allege that your daughter damaged the phone, it is for them to prove it by obtaining a report from an expert. Most stores will simply not bother to do this, as indeed they shouldn't as it is not economical to do so.

Unless they are willing to instruct an expert engineer to examine the phone, and that examination concludes that the phone was damaged by your daughter, they legally have to repair or replace the phone free of charge.

All phones (over 30 days old) are sent for repair and they are examined by independant engineers (Regenersis I believe) and if they find it is accidental damage at the fault of the customer then they will not repair it as the guarantee is no longer valid. They then send the phone back to the store with a report of the findings. Argos won't replace a phone after this has happened, they simply ask the customer to collect the phone as there is nothing more they can do.

If you are absolutely adament that it is a manufacturers fault then contact customer services (they tend to tell the customer what they want to hear) or failing that, get your own report done on it and if it's found not be accidental damage then you can use this as a claim against Argos.

Mar.cresham

Calling the staff member who was dealing with this matter an idiot is out of line. This staff member is only going by the rules outlined to them.

By law any item returned to a store after 30 days can be sent away for testing/repair to try and find way the item went this way and if a repair can be done it will be. An enginers report will be returned to the store with the findings and if the enginer says it was damaged then you have to pay. The law covers the stores in this right. As anyone could buy a phone or mp3 ipod what ever and drop it and bring it back for a new one then who at a loss the store. Again this is not down to the staff member.

I know for a fact Cant say on here how lol that if you get your own report done and bring it in store with the phone and it says it was not damaged thats makes the Argos report void.But this report you get as to be on headed paper

so just get your own report and bring it in store and your sorted

sporedude

vlad_the_impaler wrote: »

They are trying it on.

Phone them back and politely disagree with their assessment. Firstly ask for the name and position of the person you are dealing with. That will put them on their back foot. Next, tell them you want a written and signed engineering report stating that the phone damage was caused by physical trauma to the phone from their 'expert'. Tell them that you will be taking the phone to be independantly checked and reported on, and that armed with the results of this, you will be taking action against Argos as the supplier through the Small Claims court track. Finally, ask them for a name and address of someone at head office, so you can forward a letter stating what your intentions are. along with the name and position of the person you dealt with. If the idiot you are dealing with thinks that someone higher up the food chain will get hold of this, it will make them think twice about messing with you.

75% they will wimp out at this point. If not, get the report done, and then put in a claim for the cost and the report. Make sure that Argos UK head office know about it, and ask the phone manufacturer's UK office for their comments as well CCing Argos into it.

100% they will give in. Be polite, don't swear or make stupid threats, just be calm and make sure they know that you ain't stupid and that you know your rights. Don't let them get away with it.

I agree with Mar, Calling them an idiot is just plain rude. Also, They dont have to give you their full name, So it wont "Put them on their back foot". The damage may well have been caused by the OP's daughter, Who knows.

deanos

Mar.cresham wrote: »

.

By law any item returned to a store after 30 days can be sent away for testing/repair

Do you have a link to this law you are talking about , because i have never seen anything like this written down in law ?

Mar.cresham

which part are you asking about

Mar.cresham

The retailer’s obligations

If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired - and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong




http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/