@argoshelpers Argos manager says 'no screens are covered by SGGA or any warranty' - tough luck!!

[citizenB]

 

Well yes they did I tell them, my brother did as he was unhappy with how he was dealt with by Argos

and after a discussion with myself asked me to help him out over the issue.

But we dont refund for costs for time spent dealing with refund issues they say as how can you put a price on something like that?.

 

 

I guess you could say that a Court would put a price on time at a rate of £18.00 an hour for a litigant in person.. of course if you were to instruct a solicitor, then that would increase !

[dave9946]

Trading standards then.

And your local press/media.

 

Store policy does NOT overrule SOGA and a customers statutory rights, how utterly ridiculous!

Oh and BBC Watchdog.....

 

The directors office person gave me the impression today that she felt the both store managers acted correctly because the repairs report said the part is not covered under the manufactures warranty and so felt there decision was correct on that front simply because of what the repairs report said and they were simply following that. However, with the first (duty) manager, I cited & repeated the refund request is being made under the SOGA and not the manufacturers warranty and repeated several times that if they were in any doubt over a lawful claim under the SOGA to consult with their area manager of head office, for which the first manager refused to do. Pretty much the same with the second manager. Except with the second manager he seemed quite happy to confirm he is refusing to refund under the SOGA and refusing, despite several requests to consult with his area manager or head office, to also consult with a superior. The second manager as said when questioned by customer services even went as far as lying about what the report said for his decision of why he refused the refund.

 

So yes, I'd guess or say that Argos do feel their own policy does count for more and does overrule the SOGA. Otherwise the directors office may well have admitted both managers acted wrongly that to back up their actions!.

 

I guess you could say that a Court would put a price on time at a rate of £18.00 an hour for a litigant in person.. of course if you were to instruct a solicitor, then that would increase !

 

Well the directors office said they won't pay for such time spent dealing with these issues and don't pay for such claims. And stands by the opinion that both managers acted within policy so won't accept its a situation that should never have had to have had the time spent dealing with it that I did spend dealing with it. What was the alternative?, for my brother to write of a £200 tablet he was being refused an entitled refund for?. However, if I wish to perdue a claim for costs for time spent, if the directors office is refusing this charge, which at £50 per day for 2 full days in total seems very reasonable to me, I suppose I could go above her head to the parent companies head office and charge them instead fulling explaining the situation to them?.

 

And if I do that, make it very clear unless they have any legal justification for refusing the charge than simply refusing it citing Argos policy was followed and won't refund because of that then I will be fully intending to and will follow through such a claim for £100 via the small claims court. But yes, if such action was taken there is a chance I could claim more per day for time spent dealing with this than what I'm currently claiming for.

 

Will probably just get the tablet sent back in the first instance and then deal with them over the other issue.

[fkofilee]

One word... Disgraceful!

 

At least you got somewhere but you need to get Watchdog involved. They will eat into this...

[dave9946]

Think I will contact Watchdog, as how many other people could this be happening to?. Consumers getting the blame for something and expected to take the hit under Argos policy and store management lying to other departments to cover their own backs etc. Yet fully protected legally and entitled to a replacement or full refund under the SOGA!.

 

I'd not mind, except the directors office would never admit that store level managers acted wrong in any way or requested a copy of the repairs report to verify the lies my own store manager made up to justify the refund refusal. And even now, the next morning, that's starting to highly annoy that they seem willing to ignore the behaviour of managers that's caused me to spend the time dealing with this to the point where I'm wandering it its better to push the directors office before sending the tablet back. Or send the tablet back for the refund and then push and challenge them further?.

 

Anyone got the right contact email for Watchdog?, as will try and contact them later.

[fkofilee]

Watchdog@bbc.co.uk

[Bazooka Boo]

https://ssl.bbc.co.uk/programmes/b006mg74/contact

 

The link above takes you to their page, and you can fill in their own report.

[dave9946]

Sent a message off to Watchdog but unsure on if they will bother to get in touch or the story of much interest (unless if related to other such similar cases\stories) after speaking to Citizens Advice.

 

As I tried to contact Trading Standards only to find out and be told that consumers (Joe public) now have to go via bloody Citizens Advice!. Having got to deal with and speak to Citizens Advice I explain the situation to them, what had happened etc. Only its felt there would be little point in passing the matter onto Trading Standards due to the fact that Argos have now offered a full refund of the tablets cost and so Trading Standards will be unlikely to want to act further!. Does the fact that a breach of the SOGA still happened and statutory rights denied still not count for anything then and can go unpunished?. Seemingly not if a company offers a refund before a person gets to contact Trading Standards even if without the threat of doing so such a company would clearly never have offered a refund at all!.

 

It seems there is also no direct legal entitlement to claim compensation or for costs incurred or for time spent dealing with Argos over the tablet refund. As for as long as they at least, at the very minimum offer to refund the original cost in full that's all any legal action under the SOGA would be certain to grant anyway!.

 

Its suggested to just take the offered refund for the tablet and maybe raise the issue of how Argos have dealt with the situation and the lies off my local manager as a separate complaint with Argos if I feel that strongly about the issue.

 

So not a lot I can do by the looks of it as whilst the SOGA and statutory rights were breached and denied, that clearly Argos would otherwise have done nothing about, the very threat of Trading Standards and legal action got Argos to offer the refund before the matter could get passed on to Trading Standards.

[Bazooka Boo]

If they have offered a full refund then take it and shop elsewhere.

 

They've satisfied their part by offering a full refund, the fact they didn't do it in the first instance is

just bad customer service.

[Anus Horribilis]

If they have offered a full refund then take it and shop elsewhere..

 

I agree. You have no right to recover payment for your time spent arguing with them about it.

 

Spending 2 days on this was way over the top anyway. There is simply no point in wasting time arguing with corporate staff about corporate policies, you'll just get 'the party line' again and again. In this case the retailer thinks that most physically damaged screens result from the customer mistreating the device (and they're probably right), so they've adopted a very intolerant approach to it. Their position isn't lawful, but nonetheless it's what you have to deal with. Argument is useless. If your feelings mattered to their bottom line, it might be different. But it isn't.

 

If you don't get a fair result in the shop, take notes and then send one written complaint to HQ. If you don't get a fair result from the written complaint, send one Letter Before Action to HQ. If you don't get a fair result from the Letter Before Action, go to MCOL and sue them. Simple as that.

 

Don't threaten, don't whine, don't bluster about going to TS, the press or the police, don't raise your voice or lower your tone. Polite, clear and utterly calm, you are confident in your rights and you are just giving them a chance to put things right before court fees are added to the bill.

[dave9946]

Well they have had the tablet back, just awaiting the cheque or any response now. Yes, already been confirmed costs for time incurred can't be charged in any pre legal action matter. Maybe the threat and intention to push for such charges under legal action if that happened if they never acted may have helped push their directors office decision to offer the refund in the first place?. Either that or exercising my rights under the SOGA. Not that it matters as such I guess.

 

But if they had refused the refund it would have been an interesting situation. As yes, I would have pushed legal action etc, and somebody already pointed out I think, that since Argos, well their repair agents, were unable to determine the cause or likely cause of the fault or able to attribute any blame on the user and as there is no other sign of damage then Argos would be legally liable under the SOGA anyway. More so when I could have obtained many such cases of self cracking screen situations being caused by various reasons, all being down to manufacturer fault or poor (if possibly isolated cases) build quality.