Finally a replacement

olly300

I brought a microwave from Argos in March 2007. A the beginning of May 2008 it stopped heating up food. Rather than going into the store and arguing with a member of staff over the Sale of Goods Act I wrote a letter to Argos asking for a repair or replacement under the Act and asked what they wanted me to do with the microwave.

I sent the letter by recorded delivery so I know they got it but they didn't reply. At the end of May I contacted Trading Standards online and made a complaint about them, and then send Argos a Letter Before Action via Special Delivery. Today I received a letter asking me to take my receipt and the faulty product back to the store and they would give me a replacement.

char_student

well done! Letter Before Actions rarely work so you were lucky!

Lütz_Pangaloo

Sorry - I don't understand.

The OP seems to be suggesting the microwave was less than a year old, so within warranty, and still has the receipt.

Is is reasonable to assume that just taking it straight back to the store would have resulted in a shouting match?

Ok, it's unlikely you would have got a replacement if it was almost a year old, so you have got a result of sorts, but I'm sure they would have accepted it back for repair without any argument whatsoever, and that's all you could have expected surely?

olly300

@Lutz Pangaloo
The microwave was 14 months old so out of the Argos Guarantee period of 1 year.

Under the Argos Guarantee on all their documents they state it is in addition to your statutory rights. This means for most items The Sale of Goods Act 1979 (as amended).

Under the Sale of Goods Act 1979 (as amended) if an item that is expected to last a reasonable amount of time fails which means it is not of satisfactory quality, then you can return it and ask for a free repair or replacement from the retailer not the manufacturer.

In England and Wales you have 6 years and in Scotland you have 5 years in which to make a claim.

This is why extended warranties are a waste of money as items e.g. fridges, washing machines, tumble dryers are expected to last that time, some items like LCD monitors have it stated on them how long they last and other items like kettles are the same price as the warranty.

The reason I wrote to Argos rather then go into the store and try and assert my rights is that the staff and management of many stores are unaware of the Sale of Goods Act. Therefore if you return an item and try an assert your consumer rights they state that because it's out of the guarantee period:
1. they can't replace it or provide a free repair.
2. you have to go to the manufacturer
This can lead to a slanging match in store.

So rather then go through this I wrote to customer services. Customer services only bothered replying when I wrote a letter before action stating I was going to take them to court. This is embarrassing for a large retailer as it may end up in the press. I know from a search on this forum another poster did submit court papers due to a faulty microwave which was about the same age as mine, and Argos settled out of court. They went to the store and had a word with the staff so rather than go through that hassle I just wrote to Argos as the post office is 2 minutes walk away there as it too me nearly 2 hours to get to and from the store.

When I went into the store today I was served by the manager. He stated loudly that "I remember I received a phone call about this" and "I have to provide a replacement even though it's out of Argos gurantee period." When I mentioned the Sale of Goods Act he looked blank and again mentioned the Argos Guarantee period. Rather than have an argument with him I just took the replacement and I also got a refund of £5 on a gift card due to the replacement being reduced. Legally they didn't have to give me the £5 as they could keep the money for wear and tear.

Lütz_Pangaloo

Fair enough - in that case you've done well.

But you did give the impression the oven was just inside it's warranty, rather than outside it, so it seemed a strange course of action to me.


:beer:

olly300

Lütz_Pangaloo wrote: »

Fair enough - in that case you've done well.

But you did give the impression the oven was just inside it's warranty, rather than outside it, so it seemed a strange course of action to me.

:beer:

Nope you are confused like many people are over their rights.

Nowhere in my first post did I mention Argos's warranty or guarantee. I mentioned the Sale of Goods Act.

Lütz_Pangaloo

olly300 wrote: »

Nope you are confused like many people are over their rights.

No not at all.

But I see what you've done with your first post - very crafty!