Argos are refusing to replace my washing machine!

BLC1983

Thanks for your help guys.
Just one more thing. I paid for the item on credit card and I know that there are certain protections that come with that. Is it worth contacting the credit card company to see if they are able to help instead?

DoaM

Section 75 of the Consumer Credit Act makes the credit provider jointly and severally liable with the seller for the performance of the contract. That does not mean you get additional consumer rights; it just means you have another party to pursue to effect your consumer rights.

As already mentioned previously in this thread, if you had contacted Argos within 30 days of receipt to reject the goods as faulty (and by the way, Argos could have insisted that you proved that they were faulty) then you could have rejected the goods for a full refund. (You couldn't have insisted on a replacement). But as that 30 day window has passed (but it's less than 6 months) then a) the goods are assumed to be faulty and the seller must prove otherwise (if they don't wish to provide a remedy - repair, replace, refund), and b) the seller gets to choose the remedy - it seems they've chosen Repair.

Also as said earlier, make sure that Argos are aware that the manufacturer is being contacted to effect a repair (e.g. send them an email relating to the earlier call where Argos proposed this resolution). That way if the goods still fail to conform to contract after repair (whether for the same fault or another), then you have the right to reject the goods for a refund.

Note: at no point do you have a right to a replacement. You can request this form of remedy but the seller is not obliged to accept it.

BLC1983

Well I called Argos this morning and spoke to a more helpful person and they said as the item was not purchased online there is no way of them making a note of my inquiry or even to reject goods. They said take it to the store and they will honour the 30 days money back right.

DoaM

Online or not makes no difference to your rights or their liabilities in this situation. It only affects how a remedy can be sought and effected.

Hermione_Granger

BLC1983 said:

They said take it to the store and they will honour the 30 days money back right.

As has already been explained by many posters, what 30 day money back right?
There is the initial 30 day right of rejection for faulty goods and this has long passed and there is the 30 day right of return for unwanted goods which have to be unopened and unused so this doesn't apply.

Either the telephone agent you spoke to didn't fully understand the timescales involved or they simply stated what you wanted to hear to keep you happy.

CardinalWolsey

BLC1983 said:

I didn't even pay for the item online I paid in store...all I did was reserve the item online but then collect and pay in store.

I'm fairly sure that Argos don't keep washing machines in stock at branches for you to take away yourself. They are rather heavy items requiring two people to lift them. All of which would imply that you reserved online, then went in to a store to pay, for the item to then be delivered?
Regardless, call Argos again and record the conversation (use something like ACR on Android). Buy a new washing machine (that will be delivered, free of charge), and then take back the old one when the stores re-open. Confirm with the telephone adviser (whilst recording) that this would be an acceptable approach with Argos.

[Deleted User]

CardinalWolsey said:Buy a new washing machine (that will be delivered, free of charge), and then take back the old one when the stores re-open. Confirm with the telephone adviser (whilst recording) that this would be an acceptable approach with Argos.

Is that a serious suggestion? 

No one at Argos (or any other retailer) would deem that advice  "acceptable" over the 'phone or in person and so a recording would be irrelevant. 

 It's not even certain that the machine definitely has a fault, it might just be poorly sited on uneven flooring for example. As it was collected by the OP and then likely self-installed I certainly wouldn't rule out user error rather than an actual "fault".

The action you recommend would also leave the OP out-of-pocket to the tune of the whole cost of a new machine for an indefinite period.  

Best option, as already advised to the Op by Argos in the first instance  is to contact the manufacturer and arrange an inspection to  determine whether a repair or exchange is appropriate.