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    • Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**

      jj58 posted a post in a topic,

      Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
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    • Hermes lost parcel. **WON**

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Car dealer who sold death traps and forged court papers

Argos vacuum cleaner broken down. ** Swift replacement by VAX **

fluffy54

By fluffy54,
in Argos

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fluffy54

fluffy54 1

Posted
Posted

Hello, on the 12\05\15 i purchased a VAX vacuum cleaner from my local Argos store.

 

I set about cleaning yesterday to find that the brush roller had seized up, the drive belt was starting to melt, there was no suction whatsoever & it made a loud screeching noise when switched on.

 

I took it to the Argos store today with the intention of obtaining a refund, or credit note, as i had decided to buy a more expensive model.

 

I was told i must contact the manufacturer & that they would not refund......basically they did not want to know & the person i spoke to was arrogant & had a nasty habit of talking over my words.

 

Can anyone give advice on how to proceed?

 

Thank you.

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BazzaS

BazzaS 3,343

Posted
Posted
Hello, on the 12\05\15 i purchased a VAX vacuum cleaner from my local Argos store.

 

I set about cleaning yesterday to find that the brush roller had seized up, the drive belt was starting to melt, there was no suction whatsoever & it made a loud screeching noise when switched on.

 

I took it to the Argos store today with the intention of obtaining a refund, or credit note, as i had decided to buy a more expensive model.

 

I was told i must contact the manufacturer & that they would not refund......basically they did not want to know & the person i spoke to was arrogant & had a nasty habit of talking over my words.

 

Can anyone give advice on how to proceed?

 

Thank you.

 

How did you pay? How much was it?

 

The retailer is liable rather than the manufacturer.

At under 3 months there is a presumption it was a fault present at time of sale, and you are entitled to a refund from the retailer.

 

They may have had more mileage from saying "you misused it & broke it" than "you need to speak to the manufacturer".

 

Best way forward?

Letter to their head office insisting on a refund. If you bought it on a credit card and the card company might have S75 liability, (cost > £100), copy the letter to the card company too.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

Alternatively, if you tweet & want to see if posting on Twitter might prompt them to honour their obligations : that MIGHT yield a quicker response : @ArgosHelpers

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MaxxPower

MaxxPower 150

Posted
Posted

Don't Argos have the option to offer a repair rather than a refund? Of course they themselves must organise this if the repair is to be carried out by the manufacturer.

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unclebulgaria67

unclebulgaria67 29,089

Posted
Posted

I believe that you cannot take back a vacuum cleaner to a retailer and have to deal with the manufacturer. It is something to do with hygiene.

 

When you buy a cleaner, there is a label on it, telling you to contact the manufacturer if there is a fault.

We could do with some help from you.

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BazzaS

BazzaS 3,343

Posted
Posted
I believe that you cannot take back a vacuum cleaner to a retailer and have to deal with the manufacturer. It is something to do with hygiene.

 

When you buy a cleaner, there is a label on it, telling you to contact the manufacturer if there is a fault.

 

Perhaps ; if the OP wanted a repair, they could CHOOSE to contact the manufacturer.

 

The OP wanted a refund though : clearly the responsibility of the retailer.

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sillygirl1

sillygirl1 2,793

Posted
Posted

I recently got a hoover from Argos and on the packaging there is a telephone no to call for help and assistance. Perhaps you still have the packaging for the hoover?

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unclebulgaria67

unclebulgaria67 29,089

Posted
Posted
Perhaps ; if the OP wanted a repair, they could CHOOSE to contact the manufacturer.

 

The OP wanted a refund though : clearly the responsibility of the retailer.

 

Think the manufacturer arranges a refund for cleaners and then the OP can go out to buy whatever replacement they want. But the OP may be told they can only have a replacement cleaner, which is the requirement under SOGA.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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fluffy54

fluffy54 1

Posted
  • Author
Posted

Thank you all for the replies, much appreciated.

 

I sent the form that Vax emailed me back to vax via recorded delivery on Thursday.....and today (saturday) a courier delivered a brand new cleaner which is an uprated & more expensive model.

 

A big thumbs up to vax for the excellent customer service.

 

Regards. :)

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citizenB

citizenB 10,172

Posted
Posted

That is a good service from VAX, well done.

 

Will amend your thread title to reflect a successful outcome.

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GrumpyToSayTheLeast

GrumpyToSayTheLeast 480

Posted
Posted

I have always found VAX to be a very good company to deal with. My last vax pet hoover seemed to be poor quality(suction wise) and while I was happy as it was a cheap one, I sent in a letter having a moan direct to vax. 1 week later, a new hoover turned up and they also asked for my receipt for the previous model to issue a refund.

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