Small Claim against Argos

[saitken]

I wish to make a small claim against Argos for breach of the Sale of Goods Act (goods not as advertised). The value of the product is £75.

Can I also claim back the cost of making the claim using MoneyOnline? If so, how do I legally express this on my Claim form? Am I entitled to any further compensation for, for example, the amount of time I have had to spend administering my complaint?

Thanks

[dx100uk]

tell us the story first please

we do have very good relations with them here.

 

dx

[saitken]

Hi

 

The story is as follows. I purchased the Sky 'Pay Forever' Digital TV package from Argos last year. It cost a one-off payment of £75. No contract. For this you get a Sky man who comes over and installs the dish and a basic Sky set-top box. For the first 4 months, you get the basic Sky channels for free and then after the 4 month period, the packaging supplied with this product states that '..there will remain 200 free digital TV channels – that’s four times more than Freeview - which can be watched forever...and you can continue watching the free digital channels (including all the main Freeview channels).'

When I cancelled the start-up of the Direct Debit after the 4 month period, some of the promised Freeview channels were cancelled and are now not available and secondly I only have approximately 64 free channels in total, not the 'over 200' as promised.

I have complained to Argos requesting a refund on the basis that the goods are not as described but they have stated that the free channels included with this product are those from 'FreeSat' and hacve refused to give me a refund i.e. http://www/freesatfromsky.co.uk/freesat-tv-choice-all.aspx. However, this is not what is stated on the contract which refers to the 'main Freeview channels' not FreeSat.

Stewart

[dx100uk]

play on word me thinks and a rather silly use of the word frreview by argos p'haps.

 

there is no link between freeview/sky/freesat or even cable, for that matter.

how sky [whom i think are your real target here] can claim/use such words and thus p'haps confuse argos publicity material amazes me, but not unheard of.

now IF you skybox was a freesat box, you would get 200 as i do [well give or take] trouble is few are english..no only joking.

 

dont know what to suggest

and dont know if anyone or if anything CAN be done about this

 

try pinging buzby, he might know.

 

dx

[saitken]

Can I not just make a Small Claim to Argos and state that the Sale of Goods Act has been breached since the 'goods are not a described'? The box specifically states that I will receive 'Freeview' channels however I have not received them all. Simple? Or am I missing something?

[buzby]

Freeview is a trade name, not a description. If a shop claimed to always Hoover its carpets every morning (to alleviate problems for asthma sufferers) and it was discovered they actually used a Dyson - there would be no deception, just a (minor) misdescription.

 

Now, as to the problem - you actually purchased Sky's version of 'free TV' - which requires a DD (Why - if it's free?). Of course this is because Sky discount the price in order to hook you into their paiid service. If you do not, then they downgrade the service to what they are prepared to offer those cheapskate customers that don;t wish to pay them for their wonderful services.

 

Argos have no say in this - so whilst they sold the goods, SOGA covers these, but not WHAT you can receive, which is not under their control. Considering the channels available can and do change it would be a difficult task to insist the as an avid Men & Motors' viewer - and the only reason you bought the package, Argos could be liable if the channel ceased to broadcast.

 

As to your possible action - IF you win, you get your costs anyway (as the victor) however, if they challenge and defend, they get to have their (similarly capped) fees from you as the loser.

 

On the technical side, you can switch your receiver to view channels on FreeSat (nothing to do with Sky) and it doesn't need a viewing cards either, so you may get more - but the whole point of Sky restricting you is to make you feel you're missing out and must upgrade and pay for ongoing service.

[MARTIN3030]

Thread moved.

[saitken]

Hi buzby - How can I 'switch your receiver to view channels on FreeSat'?

 

THanks

[dx100uk]

Q: I already have Sky digital satellite equipment - what else do I need?

 

A: All you need to gain access to the free channels available on the digital satellite platform is a Freesat from Sky viewing card, which costs just £25. If you’d like to access the interactive services available, you’ll also need a working phone line. To purchase a viewing card please phone Sky on 08448 244 400.

 

dx

[buzby]

Hi buzby - How can I 'switch your receiver to view channels on FreeSat'?

 

THanks

 

Sky never tell you this, but FreeSat from BBC/ITV uses the same Astra Satellite constellation as Sky, but uses different frequencies. If you do a web each you'll find out the sneaky way to reconfigure the Sky menus to switch the channels and access the no-card alternative service.

 

The downside for some, is that there is no EPG data available (it will still show Sky's, and the data will be wrong, showing channels not transmitted). but it does sever the link with Sky completely, and no requirement for a card to be purchased.

[saitken]

Thanks buzby. Are there any decent channels on FreeSat?

[buzby]

Only you can decide what's decent....!

 

Here's the list: Free Digital TV Channels - freesat