Product Recall? Plum climbing frames

vicshippers

Their website says it's just the swing arm, not the entire frame...how confusing! I just want rid of the whole thing now, I've got no faith in it. It's vital that these things are well made using quality materials, this obviously isn't the case for Plum products.

Refund or not, I think I'm just going to get rid and get a new one from a better manufacturer. If that means paying a little more then that's just fine by me. I guess you get what you pay for!

Hintza

Jeffo wrote: »

What I expect is for the manufacturer to replace the weakened structure.

Yes; I would agree with that. I assume te affected bits could quite easily be changed over?

RicardoGonzalezIII

Thats what their original plan was....but they apparently have taken further advice and identified that most of the wooden structure is susceptible to rotting, meaning that most of it needs replacing......

Jeffo

RicardoGonzalezIII wrote: »

Thats what their original plan was....but they apparently have taken further advice and identified that most of the wooden structure is susceptible to rotting, meaning that most of it needs replacing......

Then they should either replace most bits as required...or offer a suitable replacement unit. They should not assume that people have not taken care of these play centres and they are nearing the end of their useful life anyway, which is what they are trying to do in placing values on them.

Jeffo

Got a call from a very unhelpful stroppy woman from Argos Direct. The offer in the letter is the only thing that they will do; the playcentre MUST be collected...end of story!

I think Argos should provide a considerable discount on purchasing a replacement to compentsate...but apparently not.

yellowdottie

Hi i'm new to this site but just found this as I was searching info regarding this same problem. I'm fuming about this, We bought this set for our kids with our wedding vouchers 4 years ago and have recieved a letter saying they are willing to refund £133.33!!! It's not that we want the money but thought the least they could do was replace the set, how on earth can I replace this set for that insulting amount. I've phoned the number twice now and have been promised that I'd get a call back but am still waiting. If I'd have known 4 years ago that i was purchasing a product that was unfit for purpose and dangerous I would have bought from elsewhere. The cheek of offering such a small amount when we have looked after the playset and weatherproofed it religously all this time. So they want to take the the set off us so we don't sue them if the child has an accident but are only willing to give us such a small amount? I don't think so!!

yellowdottie

ooh forgot to add that the Argos website multiway adventure sets buyers guide states that 'whichever you choose they are all sturdy safe and built to last' and the backyard discovery website manuals state that 'all wood carries a 5 year warranty against wood and decay'

louiselim1896

I worry about the fact that the wood is such poor quality on only one section surely the whole frame is made of the same material?? I would worry about this recall full stop letter or no - I was interested in getting a frame for my back garden but honestly I wont be buying a Plum now!

Catherine_Bell

Spoke to Argos again today. They seemed incredibly keen to get the thing collected. (They said I could smash it up with a sledge hammer and if they could gets the bits on the lorry they would collect it and give me the £199.00) Would I be right in assuming that once we have returned it we have somehow agreed to the offered settlement? They also told me that their hands were tied and that it was Plum Products calling the shots, and that if I wasn't happy I should get in touch with Plum Products. I am no legal eagle, but Backyard (manufacturer) have a contract with Plum Products (UK supplier), Plum have a contract with Argos/Homebase (retailer) and Argos/Homebase have a contract with me. So why on earth would Plum be remotely interested in what I have to say? I called Plum to let them know about the Argos 'advice' - After about an hour of "this doesn't sound right, I think you should speak to my supervisor," I got to the point that everyone who offered an opinion agreed that this was a wholly unfair solution (both Argos and Plum,) and everyone who wouldn't say that they could agree it was an unfair settlement took the line that they couldn't comment on company policy. I probably spoke to between 15 and 20 people over the course of the afternoon, and not a single one of them were prepared to say that they thought we were getting a fair deal. I have to admit, most people at Plum who offered an opinion thought that the situation was basically unfair and referred me immediately to someone up the chain who might be able to progress this, while most people at Argos told me that this was a final offer, that I should get the product returned ASAP and that if I didn't agree that I should return it anyway and instigate legal proceedings against Plum to get a fair settlement. Argos refused to give me an email address or contact details for their legal department and repeatedly told me that I should take the matter up with Plum.

My view on this now is that Argos know they are wrong, I know Argos are wrong and I am prepared to fight the big fight to make them do the right thing. My hasband thinks that we would have a viable claim for loss of bargain. IE - We bought an item with an expected lifetime of maybe 10 years (our shed which cost £199.00 has a 15 year guarantee against rot.) Argos supplied an item that wasn't of suitable durability. A similar replacement would now cost around £800.00, so if we had bought a suitably durable item in 2006 we would now have an item with a 7 year lifespan without additional cost. Therefore we should be entitled to the full cost of a similar replacement less the £200.00 they have decided is a fair wear and tear deduction. He is mad keen to start firing off solicitors letters on Monday, on the basis that if no-one thinks the offering from Argos is fair, then we will certainly win.
I am a bit more concerned that while no-one thinks it is fair, it might be legally acceptably and we would blow the offering of £199.00 in a few hours of solicitors fees.
Is it realistic to think that 5 or 10 or 20 disgruntled customers can get together and share a single set of legal costs, and if we win, would Argos be forced to apply the findings to all the customers involved, or has my other half been reading too much Grisham again? ;-)

neilmcl

Class actions are a US phenomenom, there is no such thing in the UK. The Sale of Goods Act has a limitation period of 6 years so in reality the retailer could use this as the maximum period they would be liable for a product and base any partial refund on this.