Faulty iPad, just outside the warranty (please help)

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Doinfine

@born_again That is exactly what they said ....

@Techy_girl - thank you, I do still have the receipt.  I am content that the contract was with me - my late father did not even enter the store, tender the card, choose exactly which iPad was being bought, etc etc.

Thanks all for your kind responses.

I guess 15 months - could - be consumer fault - its just I can say for sure I have not done anything at all which might have contributed to the problem.

I do appreciate every single reply (thanks all)

MattMattMattUK

eskbanker said:

MattMattMattUK said:

Unfortunately the OP has no consumer rights as they were not the legal consumer. 

Are you basing that on the use of someone else's credit card?

If so, that may indeed rule out a s75 claim on that technicality, but doesn't negate the actual purchaser's wider rights under CRA, etc?

I am not totally sure how that fits, but it may be hard to argue that one is purchasing goods whilst someone else is paying. 

MattMattMattUK

Doinfine said:

@born_again That is exactly what they said ....

@Techy_girl - thank you, I do still have the receipt.  I am content that the contract was with me - my late father did not even enter the store, tender the card, choose exactly which iPad was being bought, etc etc.

Thanks all for your kind responses.

I guess 15 months - could - be consumer fault - its just I can say for sure I have not done anything at all which might have contributed to the problem.

I do appreciate every single reply (thanks all)

Hang on, are you saying that you physically used his card in a shop? From your previous posts I was making the perhaps incorrect presumption that this was done online with him there putting his details in.

Technically, and it does not matter if you had his permission or not, that is deemed fraud, because he cannot give you permission to use his credit card as it is not his permission to give. You used a credit card to make a purchase which you could not legally use. It would be unwise to mention that it was your late father's card when communicating with Argos.

Keep pushing them by all means, but please also be aware of the huge potential pitfalls of using someone else's credit or debit cards, which is never allowed. The card belongs to the bank, they give the authorised named party permission to use the card, that permission is not transferable.

Phoenix72

Techy_girl said:

Their is 2 warrenties that run same time when you buy an electrical/electronic item, from the seller and from the manufacturer... what are the dates of each? basically when you contact Argos Customer Complaints ( which you have to do before getting a charge back from your bank) you must give them plenty of chances to resolve this.)

Once the bank rules in your favor its normally end of discussion... no court needed.

2 warranties?

There's really not

eskbanker

MattMattMattUK said:

eskbanker said:

MattMattMattUK said:

Unfortunately the OP has no consumer rights as they were not the legal consumer. 

Are you basing that on the use of someone else's credit card?

If so, that may indeed rule out a s75 claim on that technicality, but doesn't negate the actual purchaser's wider rights under CRA, etc?

I am not totally sure how that fits, but it may be hard to argue that one is purchasing goods whilst someone else is paying. 

Doesn't seem hard to me, and I can't see anything in the CRA that distinguishes between the rights of the consumer entering into a contract and any other person ultimately paying for it - which section are you thinking of when suggesting that the person actually entering into the contract has "no consumer rights"?

If funding someone else's purchase with a credit card automatically meant that it's the cardholder who's deemed to be the legal purchaser then that would rewrite a lot of historical s75 rejections confirmed by FOS, where the distinction between the roles of funder and contract holder has often been crucial!

Aylesbury_Duck

MattMattMattUK said:

Doinfine said:

@born_again That is exactly what they said ....

@Techy_girl - thank you, I do still have the receipt.  I am content that the contract was with me - my late father did not even enter the store, tender the card, choose exactly which iPad was being bought, etc etc.

Thanks all for your kind responses.

I guess 15 months - could - be consumer fault - its just I can say for sure I have not done anything at all which might have contributed to the problem.

I do appreciate every single reply (thanks all)

Hang on, are you saying that you physically used his card in a shop? From your previous posts I was making the perhaps incorrect presumption that this was done online with him there putting his details in.

Technically, and it does not matter if you had his permission or not, that is deemed fraud, because he cannot give you permission to use his credit card as it is not his permission to give. You used a credit card to make a purchase which you could not legally use. It would be unwise to mention that it was your late father's card when communicating with Argos.

Keep pushing them by all means, but please also be aware of the huge potential pitfalls of using someone else's credit or debit cards, which is never allowed. The card belongs to the bank, they give the authorised named party permission to use the card, that permission is not transferable.

I agree.  OP has to hope that Argos offer to repair or replace.  If they elect to part-refund, I don't see how OP can receive it.  She could ask for Argos vouchers, I suppose.

Small claims court is definitely not an option.

Okell

Why would the OP's use of his father's card be fraud if his father authorised it?

It might be that the father was in breach of the card provider's T&Cs allowing the card provider to escape any liability they might otherwise have to the cardholder, but where is the fraud in authorising somebody to use your credit card?

(If it is fraud then I committed fraud earlier today - and many many times in the past...)

Okell

Doinfine said:

... @Techy_girl - thank you, I do still have the receipt.  I am content that the contract was with me - my late father did not even enter the store, tender the card, choose exactly which iPad was being bought, etc etc...

I think I'd be wary of Techy_girl's advice.

There aren't necessarily two warranties (or even one) when you buy something; the Sale of Goods Act was superseded for consumer purchases by the Consumer Rights Act 2015 nearly a decade ago; neither Act says anything about goods having to last up to 6 years...

Okell

MattMattMattUK said: )

Unfortunately the OP has no consumer rights as they were not the legal consumer. 

By all means keep arguing with Argos and they may at least partially capitulate, but court is not going to work, neither is chargeback or Secrion 75.

I'm not sure you're right that the OP has no consumer rights because he paid with his father's card.  I not certain that your ability to enter into a contract is determined by the source of the funds.

But I'd agree that a s75 claim would probably fail on the basis that (i) the OP's father was in breach of T&Cs by giving the card to his son, and/or (ii) the cardholder was not benefiting from the purchase.

Dunno about chargeback as the rules are bonkers ( )