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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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Paul1954

Argos Refusing to refund faulty phone

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Hi.

Bought the wife a Fitbit for Xmas from Argos.

I got her a nice cheap Android to go with it to check Fitbit and her Facebook.

Vodaphone Smart mini 7.

 

Spent hours trying to connect and register etc. with Fitbit and Facebook apps. It just kept crashing.

 

Took it back and asked for a refund as it was not as described and not fit for purpose.

 

Cocky manager said the phone was fine and not powerful enough to use those apps on.

 

I pointed out it didn't say that on the box or their site.

 

He said it was up to me to check the phone specs before installing an app, and to check them against the app I want. (Processor, 3g/4g , OS etc)

I asked who does that? We buy an android phone and expect it to run apps from the playstore.

He was having none of it.

 

No refund because I'd opened the box and the phone wasn't faulty.

 

Tonight I've had a closer look at their description of the phone -

 

'Have a complete Android experience with full features.'

'With Google Playstore you can fully enjoy the access to over 1m apps including Whatsapp, FACEBOOK, Instagram and many more.'

That'll be the Facebook he said it wasn't designed to run.

 

Tonight I rang Customer Services.

 

He couldn't help because he said if the manager won't refund me they can't overrule him.

 

He suggested taking it to a different store and try a different manager?

 

The store I picked it up from is in my old home town 80 miles away, where I was visiting family.

 

However, I will be going again next week.

 

I've printed off the description to take with me.

 

Can he still refuse to refund me?

 

Plus, I bought it online, via Fastrack.

 

I know there are a few more rights with buying online but not sure if they apply.

 

Although,

I would love to wipe the smug smile off the managers face as he watched me turn away, apparently defeated.

 

Thanks for any advice.

Paul

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what date did you purchase it?


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks for the reply.

I paid for it online on 20/12/17.

I collected it on 21/12/17.

We tried setting up Facebook and Fitbit on 25/12/17.

I took it back on 27/12/17.

Paul

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you are within 14 days

under CRA you can totally reject it and ask for a full refund without reason.

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Send a rejection email to the head office and they'll get you a refund.

Store managers at Argos and Homebase don't like refunds because it affects their budget i was told, don't know how.

As said you are within your rights to reject.

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Many thanks to you both.

I've also now looked at the CRA.

I've read through the (many) relevant sections and it seems I've quite a few areas where I'm entitled to a refund.

Although, I didn't notice the one about a refund for no reason?

I think I'll go see the manager again armed with all this.

I just want to see his smug face droop.

Failing that, I'll email head office.

Many thanks once again.

Paul

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you are within 14 days

under CRA you can totally reject it and ask for a full refund without reason.

 

dx

 

Click and collect is different from.purchases that are made online.

You can inspect the goods instore where as true online purchases are inspected at home.

Does not change the fact its not fit for purpose but if you bought I at Argos you can return stuff up to 28 days with no reason ( I believe)

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Hi sgtbush.

Not sure about that, but I could be wrong.

If you buy from Ebay you can choose to collect from Argos.

 

Argos are now opening branches in Sainsburys.

 

I bought from John Lewis online the other week and had it delivered to a local Bargain Booze.

 

Many retailers offer many options of where to collect from.

Which surely is a form of click and collect which you highlighted?

I'd hope that the online purchasing part of CRA is not dismissed because of this.

 

I've never seen anyone collect a parcel and open it in the shop.

Everybody waits until they get home with it.

It's been bought online but inspected at home.

 

Unless by collecting at a shop is a way for the seller to involve a third party, which complicates things judging from my first ever browse today through CRA.

 

Would it be they do it to get out of their CRA responsibilities?

 

Or would it make no difference where it was collected from if the payment was made online to the supplier?

 

Food for thought I suppose.

Regards, Paul

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you paid online

 

end of

 

you are or were within 14 days

 

full refund please you don't need any reason.

 

wish people would read what info people post before offering conjecture


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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it make no difference where it was collected from (ie delivered) if the payment was made online

correct, the distance/online selling rules wld apply. :)


IMO

:-):rant:

 

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Just been to see manager. Quoted everything from CRA. I'd printed it off.

Told him i didn't need a reason.

 

He said he couldn't refund unless it was faulty.

He said he knew the consumer act because Argos had given him legal training to deal with these matters.

Told him I had further rights re paid online.

 

He then spent 20 mins setting up an account on Facebook.

Which worked!

 

I asked him to do the same with fitbit

but he said their description didn't specifically mention fitbit only Facebook.

 

I left with my tail between my legs.

And a recording of it all.

 

Should I just appeal to head office's better nature now.

Sorry for the layout done this on my phone.

 

Regards Paul.

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yeah, if an item has been actually used (rather than just 'inspected'), (and is deemed not faulty, nor unfit etc,) it may be more tricky re the 14 days distance/online rule.

if it was faulty, unfit, etc, then the cra wld apply re such.

but, as has been mentioned on thread, argos used to be good doing a refund in any event under their own 28 day terms?


IMO

:-):rant:

 

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So are you saying the advice given on here about not needing a reason is incorrect. Regards Paul.

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https://www.consumeractiongroup.co.uk/forum/showthread.php?466442-Can-anyone-advise-re-returning-a-television-bought-online-from-AO.com-***Resolved***

you do not need any reason [i'e faulty] to return goods paid for online within 14 days of receiving it for a full refund

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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So are you saying the advice given on here about not needing a reason is incorrect. Regards Paul.

no, the 14 day 'no reason' applies to distance/online. it doesn't have to be faulty etc.

i was referring to where an item has been used.

and, if an item is faulty/unfit etc then the cra would apply generally anyway re such issues.


IMO

:-):rant:

 

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ps, see the thread linked posted by dx. the company there being 'tricky' about an 'used' item returned under the 14 day. that's the sort of tricky issue i was referring to.

amazon, for eg, have a similar (though they add the 'exception') discreet 14 day term saying '...may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).'


IMO

:-):rant:

 

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Not sure what part of no reason needed for a refund the 'manager' and you are having difficulty understanding?

 

Take the thing back, with the box and all of its ancills etc, and demand a refund, NO REASON is needed, if he wants to pratt about trying to get this that and tother working, then so be it, but you couldn't care less and he can fanny about with it to his hearts content when you've left the store with your refund!

 

I'd be getting the name of his area manager too, and informing them that this clown needs training to be in the position of managing a store.

 

If you paid via card, then you can do a visa debit chargeback, AFTER you have dumped the phone back with the store.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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and, here is argos' term re the 14 day

'...You can cancel anytime from placing your order up to the end of a period 14 days after you take possession of the goods (or in the case of a multiple order, the last part of the order).

Please take reasonable care of the goods, we are entitled to deduct an amount from the refund to reflect any loss in value of the goods supplied, if the loss is the result of unnecessary handling of the goods by you..Please make it clear when you cancel that you are cancelling under the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations...'

the only issue wld be if they try and be 'tricky' re a 'loss in value' as its been used.

 

ps

if all else fails iwonder if this wld work (in their terms). (has anyone tried this type of resolution)

'We always look to resolve issues directly with our customers and our teams will be happy to assist with your queries. Under European Legislation, if you are not satisfied with the way that we propose to resolve any issue you have with a product you have ordered via our website or by telephone, you may raise a complaint with the ‘European Online Dispute Resolution Platform'. You can raise a complaint by following this link http://ec.europa.eu/consumers/odr/.'


IMO

:-):rant:

 

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Update on outcome....

 

Firstly, I understand the term 'no reason' perfectly well, thanks for asking.

Trouble is, after further enquiries to Which? and CA, that ONLY applies if the item has not been opened.

At least that's what they said.

 

Argos replied back yesterday.

 

Said I'd to take it back and they would look at it with me to see if it was a manufacturing fault?

 

Not happy and all fired up,

I took it to my local Argos, 80 miles away from the other one.

 

I was armed with my 'short term right to reject' and the rest.

 

The lady at the till could not have been more pleasant.

I explained the fault with the phone, and got out the letter from Argos.

 

I was also returning a faulty Fitbit - opened and used.

 

It recorded my wife's sleep pattern and heart rate in bed even when she wasn't wearing it.

Common fault I found from Google searches.

 

'No problem, Sir. Would you like an exchange for something else or your money back'.

 

She took the back off the phone to check the battery was there.

 

'Refund, please.'

 

'There you are Sir, it's back on your card now. Have a good day'.

 

How refreshingly surprising, compared to the manager at the other store.

 

I know which Argos branch I'll be using in future.

 

Thanks to all for your help.

Paul

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now write back to argos and tell them

also write to the store manager at the store that refused you.

 

well done

glad to help

 

please consider a small donation.

 

dx


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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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