I gave Argos three separate opportunities to repair or replace the faulty item. As far as I'm concerned, it was not my responsibility to waste my time being on hold and passed from pillar to post chasing a replacement from their supplier. If I wanted to deal with Fitbit, I would have purchased it directly from them but chose instead to 'support the high street'.
That decision was obviously an error on my part and certainly not one I will be making again with Argos. The claim has been submitted and have all the supporting evidence of their insistence that the Act is not relevant in this case as Fitbit had stated to them that they will deal with any technical issues - didn't realise companies could pick and chose when to adhere to the Act but Argos seem to think otherwise.
A day off work to stand up for my rights and show the little people don't always roll over and do as they are told by the big companies is time well spent I think