Argos faulty washing machine

[morrisons]

Hi was wondering if you could help, brought a washing machine from argos 16 months ago and the bearings have gone on it making it unuseable. Have phoned argos and they said they are unable to help as it is after the 12 months warranty! They gave us 2 phone numbers 1 was a warranty company and the other was hotpoint direct, both places wanted around £200 to help. Reading through some previous threads on here i see that it is argos themselfs who need to fix the problem. Can you please give some advice on what to do and what to say to them please, many thanks.

[rebel11]

Hi morrison

 

Welcome to CAG

 

Have a read of 12 and 13 in my signature.

 

What your going to have to do is get an independent engineers report on the fault, send that report to Argos who will arrange for it to be fixed. The cost of the Report should be refunded by Argos. Give Argos a ring to confirm that is how they want you to proceed.

 

SOGA states:-

 

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

 

In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[morrisons]

Hi thanks for your reply, am abit new to all this. Can you help with what i say to argos when i phone them please, many thanks

[blitz]

Tell Argos that they have an obligation to repair or replace the machine for free as per your rights under the sales of goods act 1979. Goods should last for a reasonable amount of time, for a washing machine this is considerably longer than 16 months. You therefore require them to repair or replace the item within a reasonable amount of time, bearing all costs and without significant inconvenience otherwise they will be restricting your legal statutory rights. Should they do this you will have no option but to report Argos to Trading Standards and consider further action.

 

Argos can request that you provide an engineers report, this is something that you would have to get at your cost, if it is an inherent fault then Argos will reimburse you. It is only Argos you should deal with, do not accept them passing you to someone else.

 

If you need any further help let me know

[morrisons]

Thanks for your help. I will let you know how i get on.

[morrisons]

Hi i phoned Argos today and didnt get very far at first so i asked to speak to there manager. when i eventually got to speak to the manager i was told i needed an independent engineers report sent to them and then they would reinburse the cost of the report and fix or replace the machine. They gave me an address to send it all to, argos customer relations. Thanks for your guidance. Nick

[2ltr16valve]

Have a read of my thread on here with similar issues, washing machine related anyway - http://www.consumeractiongroup.co.uk/forum/showthread.php?130242-I-need-help-with-argos-please-ive-been-argoosed-!

[morrisons]

Thank you for your continued support, an independent engineer has now seen and tested the washing machine and i have received his report in the post this morning, in the report he indicates a maufacturing or component fault, and there was no evidence of excessive wear an tear or deliberate damage, he also states that i have paid him £45. I will now forward this onto Argos with an accompanying letter (a template from here) an wait for there response, i have photocopied both letters for my own records, will keep you updated, with thanks Nick

[rebel11]

Thanks for the update Nick.

[morrisons]

Hi again, am just wondering if there is any letter templates on here that i could copy to send to Argos as im not too good with words:|. Thanks Nick

[rebel11]

No.13 in my signature.

 

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/sample-letters/

 

Hi again, am just wondering if there is any letter templates on here that i could copy to send to Argos as im not too good with words:|. Thanks Nick

[Sasuke25]

Argos requires authorisation from Hotpoint to issue a replacement product or to send for repair. It sounds like an inherant problem which as the product was made by Hotpoint rather than Argos then Hotpoint should be the one to pay for any repairs. This is why Argos will pass you on to Hotpoint - it might be an idea to ask a CSM at Argos to phone up Hotpoint on your behalf and explain that you feel this is an inherant problem and as it is a fault in their manufaturing.

 

Argos cannot accept responsibility for poor/defective manufacture from external companies.

 

Hope this helps.

[ims21]

Argos requires authorisation from Hotpoint to issue a replacement product or to send for repair. It sounds like an inherant problem which as the product was made by Hotpoint rather than Argos then Hotpoint should be the one to pay for any repairs. This is why Argos will pass you on to Hotpoint - it might be an idea to ask a CSM at Argos to phone up Hotpoint on your behalf and explain that you feel this is an inherant problem and as it is a fault in their manufaturing.

 

Argos cannot accept responsibility for poor/defective manufacture from external companies.

 

Hope this helps.

 

Erm....no.

 

It is the retailer's responsibility to sort this issue....read the previous posts

[Sasuke25]

Erm....no.

 

It is the retailer's responsibility to sort this issue....read the previous posts

 

 

I work for Argos and therefore know the procedures staff are allowed to follow

[ims21]

I work for Argos and therefore know the procedures staff are allowed to follow

 

Makes no difference whether you work for them or not.

 

The legislation is quite clear.

 

What Argos train their staff to do does not alter the actuality.

[andyask]

This is the 6 year limitation period:

"a defect in a property, caused by a fault in design, materials or workmanship, that existed at the time construction was completed" Latent Damage Act, 1986.

Thus you would need to prove a design fault at time of manufacture - very tricky, unless there was a design flaw that they admitted. Good example is the iPhone 4S with its antenna problem. Many cars have had design faults rectified with recalls many years after warranties expired. As for the washing machine, not a chance I am afraid.

Edited October 1, 2012 by andyask