Argos delivering damaged item - 3 times!!

cmc23

Hi all. Our old washing machine went to the scrapheap in the sky 2 weeks ago so we did our shopping around, found the replacement we wanted, then compared between Argos/Currys/AO. All roughly the same price, but including delivery, install and recycle, plus length of interest free payments, Argos was the best option financially. Delivery booked in and confirmed for last Wednesday. This is where it gets fun ...

Drivers arrived and on getting it out the van noticed a dent and scrape to the front of the machine, just below the door/where the filter access is. We're paying a lot of money for us on a better machine than we had, so anny kind of visible damage is something we're nont happy with. Pointed it out to us, and contacted Argos for us to confirm we wished to refuse delivery due to damage and wanted to rebook with a replacement. Annoying as we're having to do a round trip of 20 miles each day (if not twice a day) to drop off and collect our launndry from a family member. First available slot was Saturday morning, arrived bang on time, all good ... until my OH met them at the front door and realised it was the EXACT same machine!! Now we're more than a little annoyed (not helped by the customer service trying to patronise us saying they doubted it was the same machine). Refused once again, delivery rebooked again for the first available slot yesterday. 3rd times a charm and all that.

Well, not with Argos. Same drivers as the initial delivery, we didn't even let them unload it from the van this time before checking. And yup, THIRD attempted delivery of the same damaged machine we keep refusing. Obviously I've now cancelled the order, and just taken the financial hit going with Currys, but need to draft up a complaint email as well. Hence this novel I'm really looking for advice on where we stand with being compensated for this. I have ZERO interest in purchasing from them again after this experience, so gift cards/vouchers are pointless. We've been doing minimum 20 miles (40 miles every few days as they need ours away to have space for their own washing) for 8 days now, and will be until Saturday when Currys deliver. My OH had to miss shifts on 3 separate days (he's self-employed) to try deal with this.

If anyone's had dealings with Argos recently to know what their policy/procedure is for things like this? And if we're not satisfied - and i have a very sneaky suspicion we won't be - what would the next steps be? Is it something like Trading Standards, or an ombudsman? Thanks inn advance!

The_Unready

Any compensation claim will be dead in the water.

Move on, leave a review and get the new machine from Curry's installed.

Alderbank

As the goods were faulty, consumer law entitles you to a full refund of the total you paid, refunded to the method of payment you used, within 14 days.

That's it.

Manxman_in_exile

The_Unready said:

Any compensation claim will be dead in the water...

I'm not 100% sure that is necessarily true.  

I know it isn't a missed delivery but presumably the OP has had to take some time off work to cover three failed deliveries when they should only have had to take time off for one delivery.

@cmc23 -  read this and decide if it applies to you:  https://www.moneysavingexpert.com/reclaim/delivery-rights/

Aylesbury_Duck

How much are you after?  

MarvinDay

Alderbank said:

As the goods were faulty, consumer law entitles you to a full refund of the total you paid, refunded to the method of payment you used, within 14 days.

That's it.

That's not it.
Under the section that covers a consumers rights under a contract, the Consumer Rights Act specifically states that the consumer may be entitled to claim damages due to the breach of contract:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

(9) This Chapter does not prevent the consumer seeking other remedies—

(a) for a breach of a term that this Chapter requires to be treated as included in the contract,

(b) on the grounds that, under section 15 or 16, goods do not conform to the contract, or

(c) for a breach of a requirement stated in the contract.

(10) Those other remedies may be ones—

(a) in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or

(b) instead of such a remedy, or

(c) where no such remedy is provided for.

(11) Those other remedies include any of the following that is open to the consumer in the circumstances—

(a) claiming damages;

(b) seeking specific performance;

(c) seeking an order for specific implement;

(d) relying on the breach against a claim by the trader for the price;

(e) for breach of an express term, exercising a right to treat the contract as at an end.

and I see no reason why a person having to take an extra 2 days off work wouldn't be entitled to claim for their losses.

screech_78

MarvinDay said:

Alderbank said:

As the goods were faulty, consumer law entitles you to a full refund of the total you paid, refunded to the method of payment you used, within 14 days.

That's it.

That's not it.
Under the section that covers a consumers rights under a contract, the Consumer Rights Act specifically states that the consumer may be entitled to claim damages due to the breach of contract:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

(9) This Chapter does not prevent the consumer seeking other remedies—

(a) for a breach of a term that this Chapter requires to be treated as included in the contract,

(b) on the grounds that, under section 15 or 16, goods do not conform to the contract, or

(c) for a breach of a requirement stated in the contract.

(10) Those other remedies may be ones—

(a) in addition to a remedy referred to in subsections (3) to (6) (but not so as to recover twice for the same loss), or

(b) instead of such a remedy, or

(c) where no such remedy is provided for.

(11) Those other remedies include any of the following that is open to the consumer in the circumstances—

(a) claiming damages;

(b) seeking specific performance;

(c) seeking an order for specific implement;

(d) relying on the breach against a claim by the trader for the price;

(e) for breach of an express term, exercising a right to treat the contract as at an end.

and I see no reason why a person having to take an extra 2 days off work wouldn't be entitled to claim for their losses.

However, they also have a duty to mitigate their losses. 

Regardless though, OP would probably need to take court action to seek any compensation as I’d be amazed if Argos paid up. They’ll probably give a £20 gift card.