Purchased Product safety recall - what are my rights

PapaJas

Hi all

A couple of years ago I bought a Mamas and Papas cot which my two year old still sleeps in. Today I had a letter from Argos, which was where I purchased it from, informing me that the product was being recalled as it had a manufacturing defect which could make it unsafe. The letter said that I should cease to use the cot immediately and contact them and they would arrange to send me a replacement - fair enough.

However on the phone they said that although they still sell the same cot (only cots made in Poland between 2007 and 2008 have the fault) it was out of stock so they would give me any other cot up to the value of £104. My issues are these:

The identical out of stock replacement cot retails at £114.99 so why are they only allowing me an alternative to the value of £104?

Secondly, even if they allowed me to go up to £114.99 the only cots in this price range are not the same make and not necessarily the same spec. I bought mamas and papas because I know they are quality - why should I accept a cot from an unknown manufacturer - it could be inferior quality?

Thirdly the size of the mattress with my current cot is specific to it. It is smaller than any other alternative cot and therefore even if they gave me a different cot to any value I would have to buy another mattress that fitted it (they have already said that they will not supply a mattress). Why should I have to be out of pocket because I've had to buy a new mattress that fits a different cot because the cot that they originally sold me is faulty?

I got made redundant at the start of the year and although I've got a new job it's half the salary of my previous one but all my bills and mortgage remain the same. Therefore I do not have spare cash to buy a new cot or mattress.

What are my consumer rights in this case please. If they had just replaced the cot like for like that would be fair enough and no problem, but as it is out of stock, as it stands I will have to accept a cheaper cot of inferior or unknown quality and buy a new mattress, or even if they gave me a more expensive cot (the next cheapest mamas and papas cot is £149.99) I would still have to buy a new mattress (the cheapest being £50).

In both cases I have to spend money that I can't afford due to their product recall. This doesn't sound fair. Thay are telling me that they cot they sold me is unsafe which renders the mattress that they also sold me obsolete. Surely they should offer me a cot and mattress as a matter of urgency for my child to sleep in and which doesn't incur me any cost as it is completely not my fault?

Any accurate information on my consumer rights would be greatly appreciated as a matter of urgency.

Thank you.

Debt_Free_Chick

How long before they expect to stock it again?

As it's a product recall, will the manufacturer replace it?

hollydays

Although you say you chose them because you thought they were good quality,it appears they don't manufacture themselves, then surely any one who manufactures for them is going to be unknown to you,presumably the original manufacturer was unknown to you.

The thing about the mattress does not sound good.Contact consumer direct for your rights?

Threaten to take them to court?

sarahg1969

It's a pain, but think about it this way: you've had two years' use out of it, and you can easily buy a bed for your 2 year-old with the money you get back.

OlliesDad

PapaJas wrote: »

Today I had a letter from Argos, which was where I purchased it from, informing me that the product was being recalled.

I bought mamas and papas because I know they are quality

Presumably the quality uisnt as good as the brand name suggests.

Maybe it may be worth considering using this as an opportunity to put your 2 year old in a small bed rather than a cot, thus saving money in the long run?

pinkshoes

Why don't you ask them WHAT the fault is?

As you've already used it for 2 years, it can't be THAT dangerous, and often product recalls are an over-reaction to something. Perhaps it's something that could be easily fixed i.e. if it's a finger trapping point, then tape it up!

pulliptears

pinkshoes wrote: »

Why don't you ask them WHAT the fault is?

As you've already used it for 2 years, it can't be THAT dangerous, and often product recalls are an over-reaction to something. Perhaps it's something that could be easily fixed i.e. if it's a finger trapping point, then tape it up!

I agree to some extent, but cots seem to have a large second hand market. Could OP guarantee that the cot will be destroyed after her LO is finished with it?

Personally, I'm with those who have said buy a small bed. Both of my children were in beds around their first birthdays and you will have to make the move rather soon with a 2 year old. Argos have some rather sweet ones at £69.99 so money left for you! (they come in blue as well )



http://www.argos.co.uk/static/Product/partNumber/0986492/Trail/searchtext%3EJUNIOR+BED.htm

peachyprice

I too would ask Argos if you can swap it for a bet, at 2yo your child should be alomost out of a cot anyway. This would solve the mattress issue to.

Hintza

Ask them when they will be in stock again? Ask them to get the manufacturer to supply one direct? Or change to a bed as others have suggested.

No need to get too excited about it just yet.