Argos won't replace faulty washing machine - 35 days old

Miggie

Can anyone advise me on the best way to take this forward:

On 15th May DH bought a hoover washing machine from Argos, paying on his debit card. It was delivered on 20th May.

On 29th June, the machine broke down. I contacted Argos and they sent out a hoover engineer who said that the drain was blocked with limescale. He replaced it, but then when he checked the machine said the motor was faulty and he would order the part in.

I said that I wasn't happy with that, but he said Hoover would only repair it.

The engineer came out again and replaced the motor but the machine still wouldn't work. He said that it couldn't have been the motor but another part (he didn't tell me what part).

He made another appointment to fix the machine this Wednesday.

I contacted Argos and said that I wanted to reject the machine as it is less than 6 months old and obviously faulty, but they say that because it is outside their 30 day warranty I'm only allowed a repair.

I'm pretty sure that I am in the right but Argos have been really dismissive and say that it is up to Hoover to say whether they will replace the machine or not.

Any advice would be gratefully received.

unholyangel

It was 41 days by the way

Okay now for the other part.

If acceptance hasnt occurred, you can usually demand a refund instead of a repair/replacement.

If acceptance has occurred then you can request one remedy over another (repair, replacement, refund - which can be partial to take into account usage) but they can refuse if it is disproportionately costly in comparison to another remedy.

However, any remedy they choose should be carried out within a reasonable time and without causing significant inconvenience - and the retailer should also bear the necessary costs involved in doing so.

Ectophile

I think you're mixing up your legal rights.

When you received the washing machine, you had a right to examine it and reject it for a full refund if it was faulty or not fit for purpose. This right ends when you "accept" the goods. If you've been using the machine for over a month, then Argos can reasonably claim that you've accepted it.

Within the first 6 months, any faults that occur are assumed to be inherent, unless the retailer proves otherwise. If the goods are faulty, they must repair, replace or refund. You can ask for which you want, but they don't have to accept your request if it's more expensive. Since it's covered by the manufacturer's warranty, by far the cheapest option for Argos is to get the manufacturer to fix it.

zippyzap

In december 2012 i bought a cnm tablet from Argos, august 2013 (8 months) later it would not charge up, i took it back to argos they said ''they would replace it or give me a voucher'', i said i do not want a replacement, or voucher, they would not give me a refund, until i mentioned the sale of goods act, thats when the manager said ok a refund it is......

So it pays to mention the sale of goods act when a retailer refuses to give a refund, esspecily if the item you have bought is under a year old.....

Maybe i was lucky but it certainly helped.......

Good luck.....:rotfl:

CynicalScotsman

In december 2012 i bought a cnm tablet from Argos, august 2013 (8 months) later it would not charge up, i took it back to argos they said ''they would replace it or give me a voucher'', i said i do not want a replacement, or voucher, they would not give me a refund, until i mentioned the sale of goods act, thats when the manager said ok a refund it is......

So it pays to mention the sale of goods act when a retailer refuses to give a refund, esspecily if the item you have bought is under a year old.....

Maybe i was lucky but it certainly helped.......

Good luck.....

Under the sale of goods act your not immediately entitled to a refund or at least im sure thats what the legislation says

I take it since you were extremely clued up you paid for an inspection report to take to the store?

earthstorm

trouble is a lot of retailers dont like it when you mention things like the Sales of Goods Act as it hits them that you know something about consumer law and as most retailers dont really train their staff in SOGA etc. they will fold and just refund you.

Esqui

earthstorm wrote: »

trouble is a lot of retailers dont like it when you mention things like the Sales of Goods Act as it hits them that you know something about consumer law and as most retailers dont really train their staff in SOGA etc. they will fold and just refund you.

In this case it's probably a good thing for the consumer that staff aren't trained. I have the basic information imparted to me, but I do read up on the SoGA, so I'd say I have a fairly decent working knowledge.


By and large, the only people who mention it prove that a small amount of knowledge is a dangerous thing