Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi all, I've got a tv I bought from Argos which has developed a fault. I have contacted Argos who have returned my call. Basically I was told I will have to get a description of the fault from a manufacturer not a local tv repair company and this would be at my own expense. I asked Argos why it had to be from a manufacturer and not a local repair company as this would involve posting the tv to a manufacturer. The lady I spoke to at Argos said she would check whether it does have to be a manufacturers report or whether it can be done by a local repair company, and get back to me.
My question is can they make me get a report from a manufacturer as opposed to a local repair company.
The trader must sort out your problem, not the manufacturer
Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer.
However, if the TV is more than 6 months old, then the following advice is given
Beyond six months, it's up to you to prove that the problem was the retailer's.
So you may need to prove that the fault was not down to wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did. To do this you may need an expert's report, for example from an engineer or mechanic.
I have sent a message to someone who is more knowledgeable about the Sales of Goods Act than me.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
I am also under the impression that if it is found to be a manufacturers fault, rather than wear and tear, then Argos would have to reimburse you the cost of the engineer/local tv repair company.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
many thanks for your replies. The tv cost £139.99 and is two years seven months old. I have already got a local repair company to
check the fault and they advise me the software programme in the processor is the problem. What happens is when the tv is switched on you get a picture but after about five minutes it goes and the screen is snowy. I was querying why Argos asked me to get a manufacturers report as opposed to a local qualified engineers report. At present I'm waiting for Argos to get back to me to confirm this but wondered can they make me get a manufacturers report, which they advised me I would have to pay for.
If you have a report from a local engineer then that is enough. It's a manufacturing fault, therefore Argos are responsible. They should not make you go direct to the manufacturer as I posted above:
The trader must sort out your problem, not the manufacturer
Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer.
A television should last for a "reasonable" amount of time. I would have expected it to last longer than 2 years and 7 months.
Write to Argos and explain that under the Sales of Goods Act, they are responsible (not you) for the repair/replacement of the television.
Lefty has more expertise on this, so hopefully he will be along shortly to advise further.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
many thanks clemma, I'm still waiting for Argos to contact me but based on the advice given inthe forum I too am under the impression a local qualified engineers report should be sufficient. If I have a problem with this I will ask argos why this is - can't wait for their reason.
Argos have no right on insisting that you go to any particular place for an examination, though obviously you are expected to be reasonable on this (so no "Dodgy Dave's Knocked Up Reports Emporium").
The rest is as stated - it is for you to prove the product is not of satisfactory quality, which hopefully the report will show. Once given, it is for Argos to arrange a suitable remedy of their choice (you cannot insist on a remedy that is disproportionate to other remedies available) or for them to refute your claim.
I personally would not even bother asking Argos why they asked for you to contact the manufacturer. To me it's a nonsense and their explanation would at best make for entertainment.
many thanks gyzmo. I really appreciate your replies, however one thing I'd forgotten is I can't find the receipt, which argos aren't aware of yet, for the tv, but I do have the payment on my bank statement as I paid for it on my debit card. Would this create a problem as to proof of purchase.
All that is required is proof of purchase. A receipt is best, as it contains all the details you need to prove your contract. But it is not the only form. Like Clemma said, anything showing that you bought the item, when and the price is all that is required. You can get them to search their records if required.
thanks guys for that, I thought that was the case but best to have another opinion. Haven't heard from argos yet but at present waiting for tv engineer to post report to me. Once I've received it I'll contact argos to ask where they want it sent and hopefully one day soon I'll have a tv from them that will do what it's meant to do - work!
Hi all; just thought I'd update you. I have today had a full refund for the faulty tv by way of gift vouchers but I've put some money to the amount and bought another similair tv - though not an acoustics solution model.
Many thanks for all your help.
Hi all; just thought I'd update you. I have today had a full refund for the faulty tv by way of gift vouchers but I've put some money to the amount and bought another similair tv - though not an acoustics solution model.
Many thanks for all your help.
Result then Well done. Just goes to show what can be acheived when you are aware of your rights
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
Pretty damn good result on a £139.99 two and a half year old TV if you ask me!
No doubt you will drop a line to Argos and let them know how pleased you are with their customer service? I'm sure they'll be delighted you will be continuing to shop with them.
We are all very quick to criticise companies who flout the Law, but often all too slow to give praise when it is due!
Cheers
Lefty
If the left side of the brain controls your right, and the right side controls your left, then left-handed people are always in their right mind!
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