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12 week old tv repair or replace, help.. ***Resolved***


MW2
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I bought a tv from argos for christmas and it has developed a fault, i took it back to argos and was told they would need to send it away for repair??? The thing is 12 weeks old and i do not think i should have to accept a repair on a 12 week old tv i paid full price and did not buy a second hand set!!

Is this correct or can i request a replacement?:mad2::mad2:

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So should i go back to the store and demand a replacement or refund as the fault has occured so soon it is classed as being inherently faulty at the time of purchase?

Can i go in and say i am rejecting the item under SOGA and if so which part of the act?

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Faulty goods that have been accepted

If the item does not conform to contract (is faulty ) for any of the reasons outlined and the customer has accepted the goods, the law says the customer is entitled to claim a repair or replacement of the goods in the first instance.

 

If either a repair or replacement is not possible, or the cost is greater than the value of the item ( disproportionately costly ), or the customer claims either option is taking an unreasonable amount of time or is causing unreasonable inconvenience, the customer is then entitled to

keep the goods and claim a price reduction from the retailer to compensate them for the fault in the goods - this would be the difference between the value of the product in perfect condition and the value of the product in the faulty condition, or

return the goods and rescind the contract . This would mean that the customer returns the goods and you provide a partial refund, calculated to reflect the benefit the customer has received from the product.

Where a customer is entitled to repair or replacement because they have accepted the goods, they can claim price reduction or partial refund if the repair or replacement is

taking an unreasonable time, or

causing an unreasonable inconvenience, or

if the repair or replacement is not satisfactory when they receive it.

When you calculate price reductions or partial refunds, think about what an impartial person in a court would think is a reasonable amount.

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How to complain

If you want to reject something you have bought

Act now

As soon as you discover a problem with something, take action. Contact the retailer straight away and tell them you want to reject the item. In the meantime, don't use the item. This can sometimes be tricky (for example, if it's a piece of furniture) but if you do anything to suggest you are happy to keep the item, you may find you lose your right to reject.

If the item has to be installed or fitted don't allow this to go ahead if you know there is a problem – it's more difficult to reject a carpet once it's been laid, for example.

Make contact

Write to the retailer confirming that you are rejecting the goods; tell it that they are available for collection and that you expect a full refund. The retailer may offer to take back the item to see what it can offer, but you must be clear that you want your money back and not a repair – see the sample letter on the next page.

Weigh up your options

If the retailer refuses to allow you to reject the goods, or does not respond, you should ask yourself the following three basic questions:

1. Do I have a good chance of winning my case?

2. If I win, will I be able to recover the money from the other side?

3. Is the amount at stake worth the cost of the court case?

In addition anyone considering starting court action in England and Wales (even in small claims) has to follow the Practice Direction on Pre-Action Conduct.

The Pre-Action Protocol sets out what is expected of the parties to a dispute and the efforts they should both make to keep the dispute out of court.

The parties should be open about their claim and defence and shouldn't hold back information or documents; both should carefully consider whether there is a system of 'Alternative Dispute Resolution' (ADR) open to them that could resolve the dispute rather than going to court.

We have produced a template letter to aid the process in accordance with the Civil Procedure Pre-Action Protocol 'A letter before action'

Alternatively if you paid for some or all of the purchase with a credit card, you may be able to take up the matter with your card company. Under Section 75 of the Consumer Credit Act, it may be jointly liable along with the retailer for the contract as long as the goods cost more than £100 but not more than £30,000.

If you want a repair or replacement

Get in touch

Contact the retailer, telling it you want the goods repaired or replaced. Be aware that the retailer can decide which to do, if it can show one option is cheaper than the other. If it could show that providing you with a refund (with a deduction for the usage you have had) or a reduction on the purchase price would be a more cost effective remedy then it could insist on that instead.

The repair or replacement must be provided within 'a reasonable time but without causing significant inconvenience'. Suggest a timeframe for getting the repair done or a replacement provided and, if you have to send a faulty item back, get the retailer to agree to reimburse you for the costs of doing this.

Follow up your visit, phone call or email with a letter confirming what you want (and anything the retailer agreed to) – again, see the sample letter on the next page.

Follow up

If the retailer doesn't repair or replace the item within the agreed time (or a reasonable time), write giving it a final deadline by which you require the goods to be repaired and returned to you or replaced.

Warn the retailer that if the goods aren't back with you by then you will be entitled to exercise your right to 'rescind' the contract.

Rescinding the contract means you should get a refund, minus an amount for the use you have had of it, or a reduction of the purchase to reflect the problem with the goods.

 

 

Read more: http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/how-to-complain/#ixzz1r3ZH832m

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You are entitled to reject the goods only when the goods do not conform and you have not accepted them (The definition of acceptance in the SOGA79 is defined in s.35 with the most common and in this case keeping the goods for a reasonable time without indicating to the retailer you have rejected them)

 

A reasonable amount of time is never specified and depends on the item, however for an item used daily like a TV I would say that the retailers most common quoted timescale would be correct (that being 4 weeks from purchase). I would defiantly say a TV has been accepted by 12 weeks as you would have had at least 40-50 uses of the TV. Due to this you wouldn't be able to reject the goods and demand a refund (IMO).

 

You can request but they do not have to offer a replacement it would be a case of appealing nicely to the manager at the store, mention its Easter and there is lots of telly you would be missing etc. Be as polite and nice as possible is the best chance you have of getting a replacement in store. Unfortunately however they can insist on a repair, I understand its not the solution you want, but its a solution the law allows. By offering a repair they are fulfilling their requirements under the SOGA79, which also means your CC won't touch the claim and will just pass you back to Argos.

 

You can also try writing to Argos to get a replacement if the store is unwilling, though the timescale of getting a replacement and the item itself being repaired via this route would be about the same (As Customer Services on the phone are told to not override store decisions as long as they are following policy).

 

Hope that helps, as I said best bet is to appeal to the managers good nature over Easter.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hi I haven't had 40-50 uses out of the tv as it is in my sons bedroom who is only 11 and doesn't sit in his bedroom all day and night watching tv.

I don't think a tv which is 12 weeks into its life is acceptable to have a repair on, I have a receipt and should be entitled to a replacement.

If I thought for 1 minute they cod do a repair on a brand new tv after 12 weeks I would of bought a cheaper 1!

Anyway letter on way to head office with my concerns

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Hi MW2

 

How did you pay for it? If you paid by Credit Card or Visa Debt, Contact your card provider, ask to do a Chargeback, the clock is ticking, do it today.

Don't worry that the tv is with Argos, your provider will tell you what you need to do.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

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I know what Argos have offered is not ideal and would pursue further to get a replacement, it is however what they are legally allowed to offer (The same as any retailer and you will find many will offer repairs at this stage i.e DSGi and Comet). If a repair is cheaper then they do not have to honour a request for a replacement

 

@Rebel isn't one of the requirements for most chargeback schemes to go to the retailer first, and in this instance the retailer is fulfilling their legal requirements (So would usually be rejected at the merchant bank?). It kind of seems to me if your not happy with the uk consumer law you can screw the retailer and whip the money from under their feet. The SOGA is a balanced act their to protect not only consumers, but retailers alike.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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  • 2 weeks later...

Quick update.......spoke to someone from customer services today about the tv and at first all I got was the usual repair it line.. But after some haggling got them to agree to let me swap the tv for another one!!!!!!! At last common sense prevails.

Thanks for the advice people, appreciated.

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Sorry, but if Argos or any other UK retailer think that they can treat customers with 'contempt' after the customer has chosen to purchase the product from that retailer on a 'I trust you've checked it works before you've sold it to me'. Then the consumer is given the 'runaround' by the retailer, so if it means

that the retailer hasn't shown 'good faith' which they haven't in this case and the consumer is perfectly entitled to go to the merchant to get their money back. Most, retailers have a policy designed to fustrate the consumer, maybe if employees knew about SOGA that would be a start. Would you honestly expect to have a product sent away to be 3 months after purchase? No. Have a read of the following:-

 

'I bought a tv from argos for christmas and it has developed a fault, i took it back to argos and was told they would need to send it away for repair??? The thing is 12 weeks old and i do not think i should have to accept a repair on a 12 week old tv i paid full price and did not buy a second hand set!!

Is this correct or can i request a replacement?'

I know what Argos have offered is not ideal and would pursue further to get a replacement, it is however what they are legally allowed to offer (The same as any retailer and you will find many will offer repairs at this stage i.e DSGi and Comet). If a repair is cheaper then they do not have to honour a request for a replacement

 

@Rebel isn't one of the requirements for most chargeback schemes to go to the retailer first, and in this instance the retailer is fulfilling their legal requirements (So would usually be rejected at the merchant bank?). It kind of seems to me if your not happy with the uk consumer law you can screw the retailer and whip the money from under their feet. The SOGA is a balanced act their to protect not only consumers, but retailers alike.

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Well done MW2

 

Quick update.......spoke to someone from customer services today about the tv and at first all I got was the usual repair it line.. But after some haggling got them to agree to let me swap the tv for another one!!!!!!! At last common sense prevails.

Thanks for the advice people, appreciated.

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The law states a reasonable amount of time (i.e not 28/30 days etc), however as posted above imho 3 months is more that reasonable. Just wanted to correct that.

 

Well done on getting a result, it did just need pushing and sweet talking :)

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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