Jump to content


  • Tweets

  • Posts

    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

I bought a Google Chromecast Ultra a week ago from Argos. Can I return this retail product?


King Mustard
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2528 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I bought a Google Chromecast Ultra a week ago from Argos.

 

It turns out it is incompatible with my AV receiver due to HDCP (copy write) restrictions.

 

Argos' receipt only mentions being able to return it (within 30 days of purchase) in its unused, original condition.

 

I wasn't aware due to the incompatibility without using it.

 

Can I still legally return this product?

Link to post
Share on other sites

it is not fit for purpose so yes.

Problem with software is that it is considered a work of art and therefore compatibility issues dont necessarily make it a defective product by not being fit for purpose.

 

 

More recent consumer law has made it harder for sellers to argue against refunding and undoubtedly Argos will have no way of testing so you may get a refund without any trouble or you may get a brick wall.

Link to post
Share on other sites

Your main argument would probably be that Argos themselves don't appear to advertise that a HDCP compatible TV is required (At least there's no mention of HDCP on their website) so you had no way of knowing this requirement before purchase and could only find out once opening and testing the product.

 

Technically it is your responsibility to check if the product is compatible before purchasing, but you can only go by the information that they supply you with. All their website says you need is a HDMI connection and WiFi, no mention of the HDMI connection being HDCP compliant.

 

If I were you I'd go to the Argos website product listing for the Chromecast Ultra and grab some screenshots of the whole page. This way you've got proof incase you need to take things further and they update the page in the meantime.

Link to post
Share on other sites

you are within 14 days

 

 

you don't need any excuse to return it and get a full refund

 

 

CRA is your friend.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

you are within 14 days

 

you don't need any excuse to return it and get a full refund

 

CRA is your friend.

 

dx

 

Wouldn't that only apply if it was purchased via the website rather than in-store and the product isn't faulty?

Link to post
Share on other sites

Wouldn't that only apply if it was purchased via the website rather than in-store and the product isn't faulty?

 

No. The CRA 2015 now allows this and as far as I can tell, you actually have 30 days to return and get a full refund

 

https://www.theretailombudsman.org.uk/new-legislation-comes-into-effect-under-the-consumer-rights-act-cra-2015/

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

No. The CRA 2015 now allows this and as far as I can tell, you actually have 30 days to return and get a full refund

 

https://www.theretailombudsman.org.uk/new-legislation-comes-into-effect-under-the-consumer-rights-act-cra-2015/

 

I'm guessing this only applies in this case because Argos failed to provide the information that a HDCP compatible HDMI port is required.

If that info had been provided then I'm guessing there would be no case for a return/refund of a store bought product with no faults that had been opened? As the product itself would then meet all fit for purpose regulations and it would be on the purchaser for not checking any compatibility requirements.

Link to post
Share on other sites

For online sales, the requirements have been improved from 14 days to 30 days but more importantly, in store sales now have the same rights of return. You can return for any reason or no reason within the first 30 days. That is my interpretation and I don't think I am wrong but of course, this is open to debate

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

For online sales, the requirements have been improved from 14 days to 30 days but more importantly, in store sales now have the same rights of return. You can return for any reason or no reason within the first 30 days. That is my interpretation and I don't think I am wrong but of course, this is open to debate

 

My reading of that link is that the 30 days only applies to in store sales where goods do not meet the purpose they were bought for, but I don't think a retailer could be held responsible for a customer not checking compatibility, provided all of the correct information was made available at the point of sale by the retailer themselves.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...