Proof of Purchase

powerful_Rogue

CodyCalling74 wrote: »

OK we now have (by some miracle) the receipt but the next stumbling block is proving that this an inherent fault with the manufacturing process and there are a couple of questions I have. Firstly is a failed part (which seems to be the problem) an inherent fault with the manufacturing process - I can't see how I could be responsible for a part failure but if someone knows different please enlighten. I know you need to get an independent engineer report that confirms it is a fault but from what I have read retailers tend to reject these out of hand. How do I get round this - do I phone the retailer and ask if they have any preferred company that I could use. On other forums I have read this process has worked and they have been refunded an appropriate amount of compensation but it seems to be a bit of grey area as to how easy it is to prove fault.


It may seem that I am blindly pursuing this for just £500 but to me it's not about the money as much as the principle. In my eyes if you buy a TV for that amount of money regardless of whether you can afford it or not it should last more than two years - I would be fuming if it was my only TV and I couldn't afford to replace it. I feel by doing nothing I am letting the manufacturers get away scot free.

You seem to be taking the situation quite personally. Its a pretty simple process if you take a step back.

Go to an independent TV repair shop and ask them for a report on the Tv. If the fault is inherent, ask them to make this clear in the report.

Take the report to Argos along with the Tv.

wealdroam

CodyCalling74 wrote: »

OK we now have (by some miracle) the receipt but the next stumbling block is proving that this an inherent fault with the manufacturing process and there are a couple of questions I have. Firstly is a failed part (which seems to be the problem) an inherent fault with the manufacturing process - I can't see how I could be responsible for a part failure but if someone knows different please enlighten. I know you need to get an independent engineer report that confirms it is a fault but from what I have read retailers tend to reject these out of hand. How do I get round this - do I phone the retailer and ask if they have any preferred company that I could use. On other forums I have read this process has worked and they have been refunded an appropriate amount of compensation but it seems to be a bit of grey area as to how easy it is to prove fault.


It may seem that I am blindly pursuing this for just £500 but to me it's not about the money as much as the principle. In my eyes if you buy a TV for that amount of money regardless of whether you can afford it or not it should last more than two years - I would be fuming if it was my only TV and I couldn't afford to replace it. I feel by doing nothing I am letting the manufacturers get away scot free.

Glad you have found the receipt.

No, it is not 'a grey area as to how easy it is to prove fault'.

Of course it might be difficult to prove, and the retailer does not have to insist on an independent report, but the retailer is entitled to insist on you obtaining proof of the inherent fault. Yes there are variables, but nothing 'grey' there.

Of course you could be responsible for the failure. No-one knows whether you have for example, bounced the thing down the stairs, or accidentally poured water in the top of it while watering your pot plants. I am not for one minute suggesting you have done anything like that, but the retailer is entitled to know that the problem isn't due to misuse and you need to prove that by getting that independent report.

Please do keep in the back of your mind that should the independent report not confirm the inherent fault, not only will Argos not be responsible for any remedy, but you will also have to remain responsible for the cost of the report.

Also remember, as mentioned earlier, that even if the report is in your favour, a possible remedy is a partial refund - reduced to take account of the use you have had.

Looks like you need to make some choices.

N.B. everywhere I have written 'you' I mean 'your mother in law'.

LilElvis

The retailer can't just dismiss an independent report which finds that an item is inherently faulty. If they attempt to do this, then you simply tell them that you will pursue a remedy through the courts. I can't see a retailer like Argos doing this, but if you did end up with a rogue employee who refuses to accept the report then escalate your complaint to Head Office.

Don't get ahead of yourself - first you need to decide whether you are reasonably confident that the fault is inherent and whether you are prepared to risk losing money if the report doesn't concur with your view.

Edit: Wealdroam got in first, and with a more comprehensive answer.

unholyangel

CodyCalling74 wrote: »

OK we now have (by some miracle) the receipt but the next stumbling block is proving that this an inherent fault with the manufacturing process and there are a couple of questions I have. Firstly is a failed part (which seems to be the problem) an inherent fault with the manufacturing process - I can't see how I could be responsible for a part failure but if someone knows different please enlighten. I know you need to get an independent engineer report that confirms it is a fault but from what I have read retailers tend to reject these out of hand. How do I get round this - do I phone the retailer and ask if they have any preferred company that I could use. On other forums I have read this process has worked and they have been refunded an appropriate amount of compensation but it seems to be a bit of grey area as to how easy it is to prove fault.


It may seem that I am blindly pursuing this for just £500 but to me it's not about the money as much as the principle. In my eyes if you buy a TV for that amount of money regardless of whether you can afford it or not it should last more than two years - I would be fuming if it was my only TV and I couldn't afford to replace it. I feel by doing nothing I am letting the manufacturers get away scot free.

The guidance for businesses says that they should consider what a court would find as acceptable proof.

Small claims goes on the balance of probability so you don't need to prove beyond all doubt - just that its likely. The usual way of doing this is via independent report but its not the only way.

Now with that said, part failure could be misuse or even wear & tear depending on circumstances. Just make sure any report you get states why it is faulty. This has probably been the reason you've read about retailers rejecting them - we've had quite a few threads here where the customer has a report saying the goods are faulty and the retailer rejected it. I think its understandable they reject those reports as they don't say whether the fault is inherent or caused through misuse/wear & tear.

Depending on the tv though, you might end up with a partial refund at best. For example, a 48" 3dtv @ £500 would be a budget model and accordingly, I'd expect it to last only maybe 3 years roughly. However if it was a 32" lcd, I'd expect it to last a few years longer.

lincroft1710

The trouble with TVs these days is that they have a very short lifespan, 3 years, 4 years, 5 years (if you're lucky).

So any refund might well be minimal, e.g. a 3 year old TV expected to last 4 years may only be worth £50.

CodyCalling74

powerful_Rogue wrote: »

You seem to be taking the situation quite personally. Its a pretty simple process if you take a step back.

Go to an independent TV repair shop and ask them for a report on the Tv. If the fault is inherent, ask them to make this clear in the report.

Take the report to Argos along with the Tv.

Hi,


I wasn't taking this personally, I was just saying that I didn't think it was fair. I wanted to follow the process to it's natural conclusion but wanted to make sure that I had all my bases covered and my ducks in a row so hence all the questions trying to get things clear in my mind.


Having said that it did turn out (for me) to be a straight forward procedure. I got a local independent TV repair guy who had done this before and he charged me £40 for 10 mins of his time. Anyway I took that and the TV back to Argos and spoke to the manager who didn't seem as if he wanted to argue and accepted (the barely legible) report without question and then gave me a partial refund on the TV and the cost of the report. According to the manager Argos' policy is take the 6 year rule and divide the cost of the TV by the number of months in that period. They then subtract the number of months you've had it from the six year period and give you the difference multiplied by the monthly cost. In my case I had had it 3 years so got about £225 which I thought was fair. Posting this just in case anyone else has bought from Argos and are looking to claim some money back. With my extra cash I went out and bought a new TV from John Lewis which comes with a shiny new 5 year warranty - couldn't be happier and certainly glad I took the time to follow this up.