Argos 3 peice suite

[meg&mog]

Hi all

 

Wondered if someone could help me with this...

 

On 6.10.2006 i ordered a chocolate brown leather 3 peice suite from argos it was brought on a "Argos card" that is in my sister in laws name but the furniture is in my name and was deliverd to my address.The suite wa delivered on 14.11.2006 shortly after that around mid to late jan the large sofa split and i had my sister in law call argos who sent a man out with a mobile phone to take pictures they summised it was a fault and on 1.2.07 i had a new large sofa delivered one week later i noticed that the leather was "flaking" on the recliner chair so i asked my sister in law to call argos again and they sent out the same man with the same mobile phone to take pictures again,he took a swatch of leather from under the brand new sofa that had been delivered only 7 days before he went off to produce his report i just assumed i would get a phone call for a delivery date for a new chair since this suite at this time was only 3 months old my sister in law recieved a letter in the post stating that in their veiw this was wear and tear and they would not be doing anything about it they also said i could get my own independant furniture expert to look at the suite and they would be happy to read his report,i left it a while than on 17.4.07 i sent recorded delivery a "sales of goods act" letter stating that since the suite was under 6 months old it was to them to prove that the suite was not faulty when i purchased it they have completly ignored this letter,i contacted consumer direct who sent me to my local trading standards office they more or less said my only choice was to get this independant expert involved this would cost me £200 just to get him to have a look i might as well buy a new chair i have not finished paying for it yet i was wondering if anyone had any ideas as to what i should or could do,trading standards did tell me that the card company even if it is argos are also responsible so i have drafted a letter to them which i will send first thing tomorrow

 

just wondered if anyone had any ideas

 

sorry it,s a long one and thank you for reading:)

[blitz]

As the item was under 6 months old it is for them to prove, it cannot be wear and tear in such a short amount of time, and the only way they can refuse a repair/replacement is if it was accidental damage.

Wear and tear would determine that the product has lasted a reasonable amount of time and had fair use. As its still within a year (and you expect sofas to last 3-6 years at least anyway right?), they shouldn't classify it as such.

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

I can't remember which act it is, but HRG Card Services are as far as I know liable in some sence, but will need to look into it. I assume you are going by the template: Consumer Direct - Faulty goods and poor services bought on credit

Write one out and see what they say, but both departments are liable in this case.

You can also write a complaint to the Managing Director about the way they have dealt with this etc, should you wish:

 

Sara Weller (Managing Director)

489-499 Avebury Boulevard

Saxon Gate West

Central Milton Keynes

MK9 2NW

[meg&mog]

hi blitz

 

Thank you so much for your help i,m on to that now

 

thanks again

[meg&mog]

Hi all

 

(2B) For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

 

(a) fitness for all the purposes for which goods of the kind in question are commonly supplied,

(b) appearance and finish,

© freedom from minor defects,

(d) safety, and

(e) durability.

 

 

anyone know what "act" this is taken from blitz gave me this great advice but could,nt remember,i woul,nt mind quoting it in my letter but i need to know where it is from

 

thanks everyone

[blitz]

Sorry:

Sales of Goods Act 1979 (As ameneded)

Sale of Goods Act 1979 as amended up to date to 1/10/2003

[meg&mog]

hi blitz

 

no problem:)

 

you have been such a big help thank you so much and i will keep you posted

 

thanks again:D

[meg&mog]

hi all

 

Fantastic update regarding this case i sent a letter that blitz helped me put together see above thread i sent it recorded delivery they got it yesterday i had a phone call this morning and they are delivering a new recliner chair this friday:o

 

what a result!!!!!

 

can i just say a big thank you to blitz who i am sure without his/her help this would,nt have happened

 

thanks blitz you are a legend i have sooooo tipped your scales

[blitz]

Glad you got it sorted out