Argos nintendo dsi in black £79.99!

rosatoso_2

shymanuk wrote: »

they rang me in response to my letter that they recieved today by s/delivery. but said they would confirm what they told me in letter...... told her see you in court.... the lady that contacted me was from sara wellers md team

That was what they said to me about the contract on receipt when I spoke to them and is not the case. Looked through their catalogue T&C's today nothing about that on there.

shymanuk

rosatoso wrote: »

That was what they said to me about the contract on receipt when I spoke to them and is not the case. Looked through their catalogue T&C's today nothing about that on there.

yep i still at this point thought ill take it to court but then consumer direct said once they refund you they have not to give the item,,,,,, so im confused as what to do as dont wanna start paying loads out for nowt. but dont see why argos shouldnt give us what they are contracted too . will wait and see what answers others get to their letters from argos.

eezy1

Ive given up on this now =[ Ill just put an extra £40 in and get one in Feb for my birthday. Argos can kiss my and anyone else they screwed overs !!!. Welldone to those that got one and goodluck to those still in battle.

GM43

Hi, I've been watching this thread with interest as I think it's good to see consumers standing up for their rights.

I'm slightly concerned about the advice given by consumer direct, I was with you all about the contract etc. I've had dealings with consumer direct before and I wasn't overly impressed with their consumer law knowledge. What you have to remember is that they are just another contact centre with information on the screen that they can give out to people. They are not trained and as was pointed out to me after I challenged them on several points they are not trading standards. If you really push them they will refer your case to trading standards who will contact with proper consumer advice.

I hope this helps and good luck to all tose continuing to persue.

rosatoso_2

Just a thought, but I might start up a Facebook page about this and invite Sara Weller to become a member!! Good for word to get around!!

Are Trading Standards and Consumer Direct not the same thing? The Trading Standards website gives out the same telephone number as Consumer Direct 08454 04 05 06.

pricematch

Hi, Ive spoken to someone at Consumer Direct who was very helpful. They said, that its probably in our interest to get a refund if Argos are being difficult, but to pursue the matter for enforcement of the breach in contract, which can only be enforced by court. Need to point out to them that you are wanting the product over which the contract was formed in the letter you write them. Also writing that you will be looking for enforcement in court if they do not agree still. He said they are definately in breach as the items were despatched, if you have proof of it. In addition, even if you get item refunded unwillingly, it doesnt mean you cant get court to enforce them to fulfill the contract. Hope this helps, my letter will be sent by end of this week!

Cheshire_Carper

shymanuk wrote: »

yep told them that and that some people even got them delivered via same method and same day as mine was due, but she just said once they refund thats it ......... not sure what to think now do i press ahead with sccourt or just give up

Their advice is incorrect. Enforceable contracts are enforceable contracts. A refund does not extinguish a contract. That only occurs mutually between both parties.

The vendor's response to the poster above does not surprise me (it is obstinacy and ignorance in a nice mix). That does not mean you have no enforceability on the contract though.

I accept if you are unable to argue it legally, then, for the amount it would cost you in legal assistance, it (immediately) becomes uneconomical to pursue, however, that would not stop you self educating a little in the law of contract and commence litigation. You would learn a valuable piece of knowledge on contract law as well. This will serve you well for future issues. Edit: Understanding Contract Law by Adams and Brownsword or Contract Law, Mckendrick are two good starts.

Good luck to those that stand by their rights on this one. As and when I get more time I will pop over to try and help here and there. PS, time is no bar to the action, so the vendor is stuck with this until the claimants decide to curtail their pursuit

GM43

rosatoso wrote: »

Are Trading Standards and Consumer Direct not the same thing? The Trading Standards website gives out the same telephone number as Consumer Direct 08454 04 05 06.

I thought they were until I really pushed a point with them and the women on the phone told me they weren't trading standards but she could refer my case to them. I wasn't able to find a different contact number for trading standards and as you correctly say the number in the book is the same for both.

I received contradictory advice from consumer direct to the advice I received from a consumer law solicitor. I found that consumer direct tended to favour the company rather than the consumer and that they didn't think I should be making a fuss about anything because the company must be right.

rosatoso_2

GM43 wrote: »

I thought they were until I really pushed a point with them and the women on the phone told me they weren't trading standards but she could refer my case to them. I wasn't able to find a different contact number for trading standards and as you correctly say the number in the book is the same for both.

I received contradictory advice from consumer direct to the advice I received from a consumer law solicitor. I found that consumer direct tended to favour the company rather than the consumer and that they didn't think I should be making a fuss about anything because the company must be right.

I think I rang Trading Standards then, they said we were right as a contract had been formed.

shymanuk

it was the essex c/direct that i called lady said she would forward to t/standards. im more than happy to see them in court once i know for cert that i have the correct advice and they are in breach of contract as we all believe they are ......a big thank you to all that have helped so far