Argos - Returns policy

George_Michael

Malchish,
You may think you know UK consumer law, but your last post has some glaring errors.

I assume that if the OP follows your "advice", you will be willing to cover their costs if it ends up costing them money.

malchish wrote: »

Please do not worry! Yes, there are several posters on the forum who would seem to take pleasure in opposing whatever you post. Ignore them, let people have their fun (or job). Do not leave, stay on the forum, help other people by whatever you know. can.
Now that's what I can say to help you.
1) Yes, they are entitled to do an inspection
2) the problem for you is that, if you give the item away for their inspection, you give away your evidence. They may well come back to you saying "oh well, it was misused/coffee spilt... bla-bla-bla.
3) therefore, until they admit in writing that they accept the item to be faulty, it is dangerous for you to give the TV back.
4) instead, ask them to agree to an independent inspection (mutually trusted). Ask them to agree to pay, if the independent inspection found the item to be faulty.
Why would they agree to this is they have their own engineer who can do the inspection which is allowed under the SOGA
Your own point number 1 confirms that you agree this to be the case yet you still advise the OP not to allow this.
Why?
5) it is better to do those conversations in writing!
6) when communicating verbally, record everything they say to you on your mobile or other device. It is legal.
It is legal to record a private telephone conversation but illegal to allow a third party to listen to it without the consent of all parties involved.
7) if they do not agree, write them a letter saying that you wil have to do the independent report yourself and sue them for the cost of repair+report.
Again, total rubbish.
They are legally entitled to inspect the item to confirm exactly what the fault is.
You know this is true as your point No 1 confirms this.
8) alternatively, you can write to them that you will sue to ask the judge to order the inspection, if they refuse to replace/refund.
Why would a judge order an independent inspection to be carried out if the retailer has already offered to do an inspection themselves which you know they are legally entitled to do.
9)!!! As soon as you give you evidence away - you, well, gave your evidence away. This TV will disappear... you will never know for sure if the fault was serious enough to warrant refund/replacement.
So, if the TV "disappears, the OP is then legally entitled to a replacement, and if the report comes back saying the fault was due to misuse, there is nothing stopping the OP getting their own report done by someone else.
10) if the fault is really not serious, it is reasonable to accept repair.
Irrespective of how serious the fault is, the shop still has the option to repair the unit.
It is OK and it is not worth fighting. If the repair does not work - you will get your refund then.

malchish

somethingcorporate wrote: »

Malchisch you really need to stop giving what you think is advice on a CR forum, it really has little basis in law and you appear to be doing more harm than good.

Classical trolling post. Please welcome to ignore my posts. I post for people who may find what I say useful to save their money.

malchish

The op is better off undertaking an independent inspection first, and only then giving the tv to argos to inspect. there is no contradiction in my advice. It is up to op to decide what to do, I explained my points to the op.
Recordings are admissible to the trird party the judge. Scaremondering won't help. People need to know about recording and how easy it is to get factual evidence.

George_Michael

malchish wrote: »

Recordings are admissible to the trird party the judge. Scaremondering won't help. People need to know about recording and how easy it is to get factual evidence.

If you think it's so easy to get factual evidence, why have you managed to get it wrong.

The recording of telephone conversations and what can be done with those recording is covered under the:
"Regulation of Investigatory Powers Act 2000"
and there is no exemption given for a judge (or indeed, any other third party) to allow them to listen to recordings where both parties have not given their permission.

(2)For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he—
(a)so modifies or interferes with the system, or its operation,
(b)so monitors transmissions made by means of the system, or
(c)so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.

This is also confirmed by Oftel and all other government and legal bodies.

[FONT=Arial, Helvetica, sans-serif]Can I record telephone conversations on my home phone? [/FONT]

[FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication. For further information see the Home Office website where RIPA is posted.[/FONT][/FONT]

[FONT=Arial, Helvetica, sans-serif]

[/FONT]

[FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]Do I have to let people know that I intend to record their telephone conversations with me?[/FONT]
[/FONT]
[FONT=Arial, Helvetica, sans-serif][FONT=Arial, Helvetica, sans-serif]No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording. [/FONT]
[/FONT]

malchish

The faulty item, given to the retailer for "insoection" before the fault is independently identified and confirmed, could disappear for a while only to reappear repaired alread with the conclusion of Agros "expert" that there was no fault to start with. So the OP will have no option other than accept this repaired product, and there will be no log of already one repair.
A consumer who wants to play safe and who cannot identify the technical fault himself, is advised to find an independent expert. It can well be free, like a quotation for a repair. Or it is possible to pay for a proper report if needed.
Once a company sold an unsafe kettle that caused the explosion, there was a potential big damages claim. The retailer asked to send the product for inspection. The gullible consumer sent it... it never returned back. It was deemed "safe" by the company and the refund arrived. The evidence was gone, no damages claim was feasible after that. The consumer lost about 5K .
They have the right to inspect, you have the right to independently inspect. Your choice. If you are happy with a repair - no problem. If you want to protect yourself regarding any claims of "misuse" or "never been faulty, it works fine", think twice.

malchish

Secret recordings of your own conversations with people acting in the course of business as always admissible as evidence by courts in the UK.
Do not let anyone to scare you. A liar caught lying on tape is a liar caught.
A liar not caught is not deemed a liar.
Financial ombudsman takes and looks at secretly recorded evidence on everyday basis.
A consumer who wants to have no headache and not ever to have to go to court will be smart enough to record all verbal promises.
Things will then never get as far as court. They will be resolved without a problem.

somethingcorporate

Seems that now YOU are scaremongering.

An independent report would (almost) never be free. Seems completely overkill and contrary to requirements under SOGA. If you do have to pay for an independent report there is no guarantee that you will get the cost back when it is not a statutory requirement.

So, scaremongering and spending consumers money. You are full of quirks malchish.

malchish

For a consumer who wants a sound advice, try look for posts that give you factual info, without a pompous holier-than-thou claims of who how long was on which forum and how everybody else should give up.

somethingcorporate

Please point to your factual info? My advice is based on the SOGA, what is yours based on aside from your own opinion? no fact in there.

malchish

somethingcorporate wrote: »

Seems that now YOU are scaremongering.

An independent report would (almost) never be free. Seems completely overkill and contrary to requirements under SOGA. If you do have to pay for an independent report there is no guarantee that you will get the cost back when it is not a statutory requirement.

So, scaremongering and spending consumers money. You are full of quirks malchish.

"full of quuirks" trolls language. Try to post without offensive remarks - you will see you will have much less to post.

An independent report can be free. Ir is up to the OP to weigh the optns. If the OP gives the product to Argos for inspection,he will be at mercy of argos. It is up to me what to choose. I just warned what could happen, because it has happened before.