Is Argos acting legally?

Mishomeister

Around 2 years ago I have purchased a bed with the mattress which has developped a severe depression.

I have contacted Argos reagrind the fatc that I would expect the bed to last ove ra reasonable amount of time and that 1 year and 8 months is not reasonable.

Argos have told me that as the item was over 1 year old it was for me to evidence that this was because of manufacturing fault and that they would accept an evidence in a form of independent furniture report.

I have arranged the report and provided it to Argos.

They name came back to me saying they would only return about 67% of the value due to the wear of the bed.

Is this legal what they are trying to do?

Mr.Generous

yes it is.

swingaloo

Absolutely legal and correct. They can deduct for the use you have had.

meer53

What did the report say ? Was it a manufacturing fault ? Are you expecting a full refund ?

neilmcl

You've had "around 2 years" use out of the bed, it is entirely legal, and reasonable that they can offer a partial refund to take this into account.

Mishomeister

meer53 wrote: »

What did the report say ? Was it a manufacturing fault ? Are you expecting a full refund ?

Let me explain my logic behind it. I have bought the goods which I reasonably expected to last 8-10 years without the replacement.

The report states that this was indeed manufacturing fault.

By getting only partial refund it would not put me in to the same position I would've been before the purchase of the faulty goods as now to buy a replacement bed I would need yo use more money of mine in addition to this partial refund.

Should've they not sold me the faulty bed from them I would've not had to spend this money

[Deleted User]

Mishomeister wrote: »

Let me explain my logic behind it.

But they are not required to put you in the same position you were in before you bought the bed. You've had considerable use of the bed, their refund offer reflects this.

If they refunded 100%, you would have had a long period of completely free use of the bed. Why do you think this would be correct?

steampowered

Their offer of 67% sounds a bit low to me.

If you had the mattress 2 years, that would suggest you could only expect a mattress to last 6 years. The normal life of a mattress is longer than that - google says 8-10 years.

daytona0

steampowered wrote: »

Their offer of 67% sounds a bit low to me.

If you had the mattress 2 years, that would suggest you could only expect a mattress to last 6 years. The normal life of a mattress is longer than that - google says 8-10 years.

I see what your argument is (1/3 reduction for 2 years use, so 3/3 reduction would be 6 years use) but...

Consumer would be entitled to a remedy of some sort after 5 years and 364 days! Can't be offering a £0 refund for a successful SOGA claim just before the 6 year time frame!

It is more likely that the retailer has knocked off a larger chunk for year 1, and then subsequent years have smaller reductions. This would allow for the bed to have a predicted life of longer than 6 years.

LilElvis

steampowered wrote: »

Their offer of 67% sounds a bit low to me.

If you had the mattress 2 years, that would suggest you could only expect a mattress to last 6 years. The normal life of a mattress is longer than that - google says 8-10 years.

And some will last longer and others shorter. The OP hasn't said how much the mattress cost but a purchase from Argos is unlikely to be of a very high quality. 6 years doesn't sound unreasonable for a cheap mattress to be expected to last.

neilmcl

Mishomeister wrote: »

Let me explain my logic behind it. I have bought the goods which I reasonably expected to last 8-10 years without the replacement.

The report states that this was indeed manufacturing fault.

By getting only partial refund it would not put me in to the same position I would've been before the purchase of the faulty goods as now to buy a replacement bed I would need yo use more money of mine in addition to this partial refund.

Should've they not sold me the faulty bed from them I would've not had to spend this money

I'm afraid your logic is flawed. You're not entitled to be put back in the position you were before purchasing the bed.