Product Recall? Plum climbing frames

neilmcl

Catherine_Bell wrote: »

Come on Argos (and Neil) - I know you are reading - Do you want to do the right thing or the thing you think you might get away with???

Again, please stop insinuating that I have anything to do with Argos, I do not and beginning to take offence! All I've done from the start is outline the minimum legal requirements regarding the SOGA, something you're own solicitor has concurred. I've never argued that this was fair or otherwise, in fact I've deliberately kept my personal feelings out of it.

As far as getting solution, maybe you should now take the advice given and start a small claims action and allow a judge to decide the appropriate level of recompense, you may well get a better result.

gordikin

Neil you are wasting your time as you are putting a different point of view and therefore the newbies will start saying you work for Argos...oh the have already! It shows the weakness of their case when they have to resort to this.

Ch1mps

"Argos ensures that all the toys we sell comply with the appropriate toy safety standards. We have a team specialising in toys - from buying through to quality assurance, who work with our manufacturing & supply base to make sure that not only are the safety requirements met, but also that the toys we sell are suitable for the age and development needs of your child."

Taken from the Argos website, but I see no CE mark or BS EN71-8:2003, on my Tacoma II play set!

neilmcl

Plum products have always said their play products adhere to EN71 safety standards. You would have to prove that a, they were not, and b, Argos were aware of this at the time of sale. Can you do this?

I assume you still have all the original packaging and paperwork that came with your play centre.

Catherine_Bell

neilmcl wrote: »

Again, please stop insinuating that I have anything to do with Argos, I do not and beginning to take offence!

Maybe you don't, maybe you do, but I don't really care. However, the person that I spoke to from Argos managed to quote your opinion word for word. Either you are posting the company line, or they are in the unfortunate position that they don't have a company line and that they are quoting you in the belief that they might make a case from it

btw - your opinions on class actions are apparently entirely wrong. There has never been an impediment on taking a class action in the UK, but until the middle of 2005, there was an impediment on advertising such a class action. Thanks to the EU banana measurers this is no longer the case. The main problem now is that small claims and class action are mutually exclusive, so I am wondering if I should get my money through small claims, or go for the class action and get everyone their money.





p.s. - I know you have been posting your views on a technical basis, and that you think Argos have it covered, but I would really like you to tell us if you think the offer would be acceptable if it happened to you?

Catherine_Bell

EN71 means it won't set your house on fire and it won't poison you. It is wholly unrelated to durability. Is this relevant or are you trying to get us to make the wrong claim from your employers?

<cough cough - I didn't type that - must have been a short in the keyboard!! >

Catherine_Bell

The thing that really gets me is that if Argos offered £199.00 and a 50% discount off the next £500 that I spend, I would probably think it was reasonable. Given that most of the sh1te they sells works on 100% markup it wouldn't cost either of us anything. However, as they won't negotiate about anything, then it seems that they are hoping to make a few more pounds profit from selling us a substandard product!!

neilmcl

Catherine_Bell wrote: »

Maybe you don't, maybe you do, but I don't really care. However, the person that I spoke to from Argos managed to quote your opinion word for word. Either you are posting the company line, or they are in the unfortunate position that they don't have a company line and that they are quoting you in the belief that they might make a case from it

Or could it be the possibility that both myself, Argos, and it seems your own solicitor are technically correct.

Catherine_Bell wrote: »

btw - your opinions on class actions are apparently entirely wrong. There has never been an impediment on taking a class action in the UK, but until the middle of 2005, there was an impediment on advertising such a class action. Thanks to the EU banana measurers this is no longer the case. The main problem now is that small claims and class action are mutually exclusive, so I am wondering if I should get my money through small claims, or go for the class action and get everyone their money.

BTW, no I'm not. US class action lawsuits and UK group litigation cases or collective actions are completely different. Maybe you should check your facts before simply relying on google.

Ch1mps

BS EN71-8:2003 is the safety standard for Swings, slides, and similar activity toys for indoor and outdoor family domestic use
I don't have the original packaging but I do have the owners manual and assembly instructions and nowhere is there mention of any safety standard.

http://www.btha.co.uk/work/template.php?id=75

neilmcl

Ch1mps wrote: »

BS EN71-8:2003 is the safety standard for Swings, slides, and similar activity toys for indoor and outdoor family domestic use
I don't have the original packaging but I do have the owners manual and assembly instructions and nowhere is there mention of any safety standard.

http://www.btha.co.uk/work/template.php?id=75

It may be enough that the original packaging has to have the required markings and safety standard information.