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  • FIRST POST
    • truth44
    • By truth44 7th Mar 18, 9:09 PM
    • 15Posts
    • 0Thanks
    truth44
    section 75 claim
    • #1
    • 7th Mar 18, 9:09 PM
    section 75 claim 7th Mar 18 at 9:09 PM
    hello,

    i have made a claim under section 75 against argos and as usual they have turned their back and told me to contact the supplier.To cut a long story short product has gone faulty and i have contacted the manufacturer.They replied by advising me that there will be handling fees and repair costs involved.My argument is that this should have been clearly written in the warranty card which in this case its not.I have spoken to the credit card company and they have now forwarded the case to a senior member of staff.

    Correct me if i am wrong is this not a breach of a contract?Surely the charges and any fees must be made explicit at the point of sale whether it is verbal or in writing.The product still falls under the warranty.Should i be writing to the financial ombudsmen at this stage or is it best to wait for the response by the credit card company?
Page 1
    • unforeseen
    • By unforeseen 7th Mar 18, 9:21 PM
    • 2,662 Posts
    • 3,406 Thanks
    unforeseen
    • #2
    • 7th Mar 18, 9:21 PM
    • #2
    • 7th Mar 18, 9:21 PM
    The warranty is what the manufacturer wants it to be and doesn't really have Anything to do with consumer rights.

    You are conflating 2 different things
    • bris
    • By bris 7th Mar 18, 9:23 PM
    • 7,658 Posts
    • 6,666 Thanks
    bris
    • #3
    • 7th Mar 18, 9:23 PM
    • #3
    • 7th Mar 18, 9:23 PM
    A warranty is over and above as well as being separate to your consumer rights. A warranties term are what they are and you have to abide by them.


    If you think you have a consumer rights issue then you need to explain the timescales from new and what the problem is.


    Genuine warranty claims don't usually ask for handling fees and repair costs so I believe there may be more to this, can you explain what they want they payments?
    • eddddy
    • By eddddy 7th Mar 18, 10:48 PM
    • 6,473 Posts
    • 6,360 Thanks
    eddddy
    • #4
    • 7th Mar 18, 10:48 PM
    • #4
    • 7th Mar 18, 10:48 PM
    Correct me if i am wrong is this not a breach of a contract?
    Originally posted by truth44
    Concentrating on the warranty...

    What were you told about the warranty (and handling and repair costs) before you purchased the item?

    If you were told that there was a warranty before you purchased, but no handling costs and repair costs were mentioned - it's a case of "What would a reasonable person expect?"

    i.e. Would a reasonable person expect that a warranty would have handling costs and repair costs?

    Bear in mind that some suppliers talk about 'limited warranties' or 'parts only warranties' (where labour costs aren't covered).
    • KeithP
    • By KeithP 7th Mar 18, 11:51 PM
    • 7,658 Posts
    • 7,365 Thanks
    KeithP
    • #5
    • 7th Mar 18, 11:51 PM
    • #5
    • 7th Mar 18, 11:51 PM
    Have you even mentioned your problem to Argos?

    Surely that would be your first port of call with a faulty product?
    After all, it is Argos you have a contract with, not the manufacturer.

    Having said that Section 75 makes the credit supplier equally responsible with the seller for performance of the contract, so there is no reason why you cannot go directly to the CC Co.

    You cannot go to the FOS until either eight weeks have passed or the CC Co issues a deadlock letter.

    What was the purchase price of the thing you bought?
    .
    • truth44
    • By truth44 8th Mar 18, 3:02 PM
    • 15 Posts
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    truth44
    • #6
    • 8th Mar 18, 3:02 PM
    section 75
    • #6
    • 8th Mar 18, 3:02 PM
    hello,

    i have contacted argos and they suggest that i contact the company as it is the manufacturers warranty that covers the product.

    In which case the manufacturer have replied that the charges are shown in the warranty card.
    Upon checking the warranty it does not state anything with regards to charges and fees.

    Have sent the information to the credit card company and I am still waiting for a reply.


    thanks
    Last edited by truth44; 08-03-2018 at 3:03 PM. Reason: missed information
    • truth44
    • By truth44 8th Mar 18, 3:04 PM
    • 15 Posts
    • 0 Thanks
    truth44
    • #7
    • 8th Mar 18, 3:04 PM
    • #7
    • 8th Mar 18, 3:04 PM
    the purchase price is around £200
    • BorisThomson
    • By BorisThomson 8th Mar 18, 3:04 PM
    • 1,586 Posts
    • 3,422 Thanks
    BorisThomson
    • #8
    • 8th Mar 18, 3:04 PM
    • #8
    • 8th Mar 18, 3:04 PM
    Argos are generally very good with faulty items.

    How old is the item, do they agree the fault is inherent?
    • truth44
    • By truth44 8th Mar 18, 3:08 PM
    • 15 Posts
    • 0 Thanks
    truth44
    • #9
    • 8th Mar 18, 3:08 PM
    section 75
    • #9
    • 8th Mar 18, 3:08 PM
    A warranty is over and above as well as being separate to your consumer rights. A warranties term are what they are and you have to abide by them.


    If you think you have a consumer rights issue then you need to explain the timescales from new and what the problem is.


    Genuine warranty claims don't usually ask for handling fees and repair costs so I believe there may be more to this, can you explain what they want they payments?
    Originally posted by bris

    The payments are for shipping costs and repair costs if the product falls out of the warranty terms and conditions.The shipping costs are chargeable regardless whether i go ahead with the repair or not which i believe is unfair.
    • truth44
    • By truth44 8th Mar 18, 3:12 PM
    • 15 Posts
    • 0 Thanks
    truth44
    section 75
    Concentrating on the warranty...

    What were you told about the warranty (and handling and repair costs) before you purchased the item?

    If you were told that there was a warranty before you purchased, but no handling costs and repair costs were mentioned - it's a case of "What would a reasonable person expect?"

    i.e. Would a reasonable person expect that a warranty would have handling costs and repair costs?

    Bear in mind that some suppliers talk about 'limited warranties' or 'parts only warranties' (where labour costs aren't covered).
    Originally posted by eddddy


    At the time i was just told that the receipt from argos is the warranty.It does not mention anything about charges or fees.Is there not a law that states that any charges must be made explicit at the point of sale.?
    • truth44
    • By truth44 8th Mar 18, 3:17 PM
    • 15 Posts
    • 0 Thanks
    truth44
    The warranty is what the manufacturer wants it to be and doesn't really have Anything to do with consumer rights.

    You are conflating 2 different things
    Originally posted by unforeseen
    Surely the warranty should mention charges and fees upfront inside the warranty as opposed to charging consumers after the product goes faulty.There is a sense of being misled into buying the product as any consumer would think that the warranty covers the product
    • mije1983
    • By mije1983 8th Mar 18, 4:52 PM
    • 3,169 Posts
    • 19,082 Thanks
    mije1983
    The payments are for shipping costs and repair costs if the product falls out of the warranty terms and conditions.The shipping costs are chargeable regardless whether i go ahead with the repair or not which i believe is unfair.
    Originally posted by truth44

    Is the fault likely to be outside of the warranty terms then? Is it accidental damage?

    • Fosterdog
    • By Fosterdog 8th Mar 18, 5:05 PM
    • 3,831 Posts
    • 6,626 Thanks
    Fosterdog
    How long ago did you purchase the item?

    Have you got back to Argos and explained about the shipping costs? It may be something that they will arrange for you at their own cost, unless the fault is found to not be inherent.
    • unholyangel
    • By unholyangel 8th Mar 18, 6:45 PM
    • 12,418 Posts
    • 9,719 Thanks
    unholyangel
    hello,

    i have contacted argos and they suggest that i contact the company as it is the manufacturers warranty that covers the product.

    In which case the manufacturer have replied that the charges are shown in the warranty card.
    Upon checking the warranty it does not state anything with regards to charges and fees.

    Have sent the information to the credit card company and I am still waiting for a reply.


    thanks
    Originally posted by truth44
    Although no warranty needs to be provided by law, if one is provided then it is legally binding on the terms the party offered it.

    However theres no point trying to legally enforce terms of a warranty when you can return to the retailer. Particularly if its less than 6 months from purchase (when the law deems any lack of conformity to be inherent and its for the trader to prove otherwise).
    Money doesn't solve poverty.....it creates it.
    • bris
    • By bris 9th Mar 18, 7:16 PM
    • 7,658 Posts
    • 6,666 Thanks
    bris
    The payments are for shipping costs and repair costs if the product falls out of the warranty terms and conditions.The shipping costs are chargeable regardless whether i go ahead with the repair or not which i believe is unfair.
    Originally posted by truth44
    None of this is unusual and pretty standard warranty terms.


    What they mean by "if the product falls out side the warranty terms" is that if it's your fault the product is damaged they will charge you for it repair.


    postage costs are also often chargeable under warranty but no always.


    Like has already been mentioned take it up with the retailer, but then you need to give more details if you want help like that, like how old is it?
    • agrinnall
    • By agrinnall 9th Mar 18, 7:23 PM
    • 20,321 Posts
    • 16,078 Thanks
    agrinnall
    Given that you paid nothing to the manufacturer your S75 claim will inevitably fail. You need to take this up with Argos, although answering the question asked in post #8 and again in post #13 is key to receiving sensible responses.
    • truth44
    • By truth44 11th Mar 18, 10:13 PM
    • 15 Posts
    • 0 Thanks
    truth44
    Argos are generally very good with faulty items.

    How old is the item, do they agree the fault is inherent?
    Originally posted by BorisThomson
    yes i did go back to argos and they replied that i should contact the manufacturer as it has passed the 30 days return policy
    • stragglebod
    • By stragglebod 11th Mar 18, 10:28 PM
    • 130 Posts
    • 125 Thanks
    stragglebod
    yes i did go back to argos and they replied that i should contact the manufacturer as it has passed the 30 days return policy
    Originally posted by truth44
    So we've narrowed down 'how old is the item' to somewhere between 31 days and 45 years (when Argos was founded).

    We may need to narrow it down a bit more to be able to give the OP some decent advice.
    • Agricolae
    • By Agricolae 11th Mar 18, 11:25 PM
    • 367 Posts
    • 189 Thanks
    Agricolae
    Yep this is a bit of a case of "help us help you".
    • p00hsticks
    • By p00hsticks 12th Mar 18, 8:42 AM
    • 6,250 Posts
    • 6,707 Thanks
    p00hsticks
    yes i did go back to argos and they replied that i should contact the manufacturer as it has passed the 30 days return policy
    Originally posted by truth44
    Did you make clear that you were returning it because it was faulty, not just because you had changed your mind ?
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