Argos not apart to Sales of Goods Act (They say)

happyolddog

 I’m here because June last year after we moved into our new place we bought a new cooker from Argos (£239) the element has just blown for the second time, I contacted them and mentioned the sales of goods act, poor lass on the phone said it didn’t apply to them, anyway where do I turn? at the moment I have been quoted £86 for the repair, I can do it myself for £20 but that’s not the point.

Muskey

She is right to a certain extent, as the Sale of Goods Act has not existed for 5 years.
It was replaced in 2015 by the Consumer Rights Act.

happyolddog

Muskey said:

She is right to a certain extent, as the Sale of Goods Act has not existed for 5 years.
It was replaced in 2015 by the Consumer Rights Act.

Thanks!
does that mean that the cooker and anything we now buy is no longer covered by any guarantee?

Aylesbury_Duck

happyolddog said:

Muskey said:

She is right to a certain extent, as the Sale of Goods Act has not existed for 5 years.
It was replaced in 2015 by the Consumer Rights Act.

Thanks!
does that mean that the cooker and anything we now buy is no longer covered by any guarantee?

We've no idea what guarantee or warranty you may have with it.  What do you have?

You still have consumer rights, but the onus is on you to prove the fault is inherent. 

lincroft1710

It may not be "the point", but if you can do the repair for £20, it may be the simplest solution.

davidmcn

Even £20 sounds steep. Last time I changed mine it was under £8.

Hermione_Granger

Muskey said:

She is right to a certain extent, as the Sale of Goods Act has not existed for 5 years.
It was replaced in 2015 by the Consumer Rights Act.

The Sale of Goods most certainly does still exist and is still in force.
Some parts of it that related to consumer contracts are no longer applicable as the CRA now applies to these but it's incorrect to state that the SOGA doesn't exist.

happyolddog

Took a bit of research but found this and sent a letter to their head office.
 The Consumer Rights Act 2015 makes it an implied term of the contract I have with Argos that goods be as described, fit for purpose and of satisfactory quality. You are in breach of contract and I've owned the product for less than 6 years and a previous attempt at repair or replacement has also failed, I am within my statutory rights to ask for it to be replaced at no further cost to me. I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

unholyangel

happyolddog said:

Took a bit of research but found this and sent a letter to their head office.
 The Consumer Rights Act 2015 makes it an implied term of the contract I have with Argos that goods be as described, fit for purpose and of satisfactory quality. You are in breach of contract and I've owned the product for less than 6 years and a previous attempt at repair or replacement has also failed, I am within my statutory rights to ask for it to be replaced at no further cost to me. I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

When did you purchase it/when was it delivered (whichever is later)? 

shaun_from_Africa

happyolddog said:

You are in breach of contract and I've owned the product for less than 6 years and a previous attempt at repair or replacement has also failed, I am within my statutory rights to ask for it to be replaced at no further cost to me.

What you've stated above isn't correct.
Argos only have to do something if you can show that the faults have occurred due to an inherent defect (something that was present at the time of sale but not necessarily apparent at that time).
If they ask for this proof and you supply it, they then have to provide a remedy but this doesn't mean that you have the right to a replacement. You can reject the oven and if you do this, they have to provide a refund but this doesn't have to be a full refund as it can take into account the time that you've had good use of the appliance.

Aylesbury_Duck

happyolddog said:

Took a bit of research but found this and sent a letter to their head office.
 The Consumer Rights Act 2015 makes it an implied term of the contract I have with Argos that goods be as described, fit for purpose and of satisfactory quality. You are in breach of contract and I've owned the product for less than 6 years and a previous attempt at repair or replacement has also failed, I am within my statutory rights to ask for it to be replaced at no further cost to me. I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Dear oh dear, you need to do some more research.