Please help, store wont accept refund
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i did not ask to be grilled on my fault or how I may handle it in the future. I wanted my legal arguments not debate the facts of the case.
How do you propose we ascertain which legal arguments are suitable and won't leave you looking foolish using an argument that doesn't apply to your circumstances without debating the facts of the case?
FWIW, try videoing the laptop misbehaving and contacting Argos head office. They may just tell you to take it back to store again - if they do, go into the store and take a letter before action & a copy of the video proving the faults along with you.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
If the retailer is telling you to "f off" then you need to either:
A. Approach the manufacturer (apple) in regards to any warranty you have and see what they say.
B. Obtain an independent fault report (probably from apple) which shows an inherent fault. Present this to Argos. If they still decline to refund/replace/repair the item (I believe they can choose the remedy) and reimburse your fault report cost, you can send them a letter before action. Once you've given them some time to (not) answer the letter before action, you take them to small claims court. You'll probably (90% is my guess) win your case and you'll get your money back.
You could also approach a different Argos store, but be mindful that visiting too many may render your comment "I should not have to, its an inconvenience (30 miles away) [to go to apple]" moot.
Though the advice given in point B is based on my understanding a few years ago and, unless someone wants to add to/correct my post, you'll have to do some leg work yourself. Or get a solicitor.unholyangel wrote: »How do you propose we ascertain which legal arguments are suitable and won't leave you looking foolish using an argument that doesn't apply to your circumstances without debating the facts of the case?
FWIW, try videoing the laptop misbehaving and contacting Argos head office. They may just tell you to take it back to store again - if they do, go into the store and take a letter before action & a copy of the video proving the faults along with you.
Thank you both, much appreciated. I am a solicitor but just wanted to brush up my logic on consumer law and though people who know this better may be able to help (do not practice it at all), I would agree that the chance of winning is 90% +. For anyone else wondering, if an item is less than 30 days old you are entitled to a recourse of action YOU find acceptable after 30 its the supplier who chooses. The supplier should not refer anybody to the manufacturer as the contract is with the store and not the manufacturer.0 -
Did someone from Argos actually say to 'f off'?0
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some do as it can be a lot quicker to get an issue sorted, as stores are not tech specialists as i stated earlier you will wait at least 14 days to get a repaired booked through Argos, but with Apple it can be all sorted the same day.The supplier should not refer anybody to the manufacturer as the contract is with the store and not the manufacturer.0 -
For anyone else wondering, if an item is less than 30 days old you are entitled to a recourse of action YOU find acceptable after 30 its the supplier who chooses.
Assuming the goods are inherently faulty, I would suggest that during the first thirty days following a sale the consumer's options are:
1) reject the goods for a full refund.
2) accept a remedy offered by the seller, which could be either a repair, replacement or refund - seller's choice.
Note that if the consumer take the short term right to reject option, then the onus is on the consumer to prove that the goods do not conform to contract.
It might also be worth considering that if a refund is decided upon, then the seller is under no obligation to sell you anything else - like perhaps a replacement.
P.s. I am not a solicitor - just offering an opinion.0 -
Thank you both, much appreciated. I am a solicitor but just wanted to brush up my logic on consumer law and though people who know this better may be able to help (do not practice it at all), I would agree that the chance of winning is 90% +. For anyone else wondering, if an item is less than 30 days old you are entitled to a recourse of action YOU find acceptable after 30 its the supplier who chooses. The supplier should not refer anybody to the manufacturer as the contract is with the store and not the manufacturer.
So you're a solicitor, but rather than take 5 minutes to read SOGA or CRA, you decided to ask a bunch of strangers on the internet, then get upset when you don't like what you hear? Yeah, OK.0 -
well considering there is a lot more to it than just those 2 acts maybe I already did, but tell me, when you need to know judicatory president and EU / International law it would take a while and I already do all that for my day job and trust me its not that simple as two acts, the courts are for clarity of the law, the statues themselves are limited to the courts interpretation of said acts and how its applied. But yeah im now not a solicitor hmmm should get my head checked then; knew I should have a doctor.0
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I also know now not to ask questions to !!!!! on the internet.0
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You'd think a solicitor would be able to form better sentences and use correct grammar and punctuation.
Although saying that I've met quite a few through my job over the years that I can't help but wonder who they blackmailed to get as far as they did considering their lack of skills in English and lack of common sense. I used to think it was a professional job needing exceptional literacy skills but I now know they hand law degrees out to anyone who can scrawl their own name.0
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