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Argos - Faulty TV return

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  • 14-07-2008 2:33pm
    #1
    Pennersunited
    Closed Accounts Posts: 6 ✭


    Hi all
    I bought a 32" LCD from Argos in June 2006 and last week it stopped working. It cost £800 at the time.
    After loads of wrangling and being fobbed off, I spoke to the consumers advice dept who said best way is to get an independent engineers report to discount wear and tear and then write in to them as it is still within reasonable time.
    Got the engineers report back and it is a full failure of the screen and not W&T.
    Any advice on this matter as the consumers affairs guys said this is not an acceptable time for a TV and it should reasonably last 6 years.
    Cheers


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    #2
    evil-monkey
    Closed Accounts Posts: 1,663 ✭✭✭evil-monkey


    it should certainly last longer than 13 months. have you gotten onto argos with this report??


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    #3
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    OP: Put it in writing to argos that you want you TV either repaired or replaced. Then give them maybe 2 weeks to respond. If they have not responded in that time period then take them to the small claims court for the cost of the TV. Show the small claims court the engineers report and the letter you sent to argos to which you either got an unsatisfactory reply or no reply at all. Look for your money back then.


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    #4
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    axer wrote: »
    OP: Put it in writing to argos that you want you TV either repaired or replaced. Then give them maybe 2 weeks to respond. If they have not responded in that time period then take them to the small claims court for the cost of the TV. Show the small claims court the engineers report and the letter you sent to argos to which you either got an unsatisfactory reply or no reply at all. Look for your money back then.

    Its outside the warranty I fail to see how this is even a small claims court matter,


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    #5
    Pennersunited
    Closed Accounts Posts: 6 ✭Pennersunited


    Thanks. I ordered it online so not gone back into a store yet. Will do that.

    Cabaal - Do you think it is reasonable to only expect an £800 TV to last 2 years? I think it should last at least 5


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    #6
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Cabaal wrote: »
    Its outside the warranty I fail to see how this is even a small claims court matter,

    A product may only have a 12 month warranty, but under EU law (not sure which one, but NCA reps have mentioned this many times) any product must be warranted for a reasonable amount of time. For most things you buy, you may expect them to last up to 3 or 5 years, this would be deemed reasonable. Getting a manufacturer or retailer to admit liability in this matter is difficult though, and will probably take small claims court action or solicitors.


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    #7
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Pennersunited wrote: »
    Thanks. I ordered it online so not gone back into a store yet. Will do that.

    Another thing to check is if the TV had a manufacturers warranty in addition to the retailers? Often, manufacturers include up to a 3 year (or more) warranty, especially on expensive items like TVs. If it does, contact the manufacturer and it should be replaced/repaired easily enough.


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    #8
    Pennersunited
    Closed Accounts Posts: 6 ✭Pennersunited


    Thanks Jor El - Contacted Phillips and they washed their hands of it and sent me back in the direction of Argos..... Hmmmmm

    I think it looks as if we will be without a TV for quite a while then. Does that mean I will have to converse with my wife more or should I get a hobby?:)


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    #9
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    Cabaal wrote: »
    Its outside the warranty I fail to see how this is even a small claims court matter,
    Warranty has nothing to do with the OP's rights here under law. Warranties can only infer extra rights to a consumer's statutory rights. They are not important. Generally only necessary if a shop goes belly up.

    Under the sale of goods and supply of services act 1980 the TV is not of merchantable quality since it did not last as long as one would reasonably expect a TV to last thus under that act the OP has the right to a remedy.

    The reasonable remedies on offer here for the OP are a permanent repair first. If they can't/won't do that then the OP is entitled to a replacement. If they cannot/won't do that then the OP should bring them to the small claims court for a full (or partial) refund. Granted the OP could demand a replacement first but that would not be the most reasonable remedy since the TV is already 13 months old.

    OP: You should get some evidence that argos are refusing to deal with the situation and to show you have attempted to be reasonable without involving the law (by sending a letter). If they refuse to deal with it then or do not respond then bring them to the small claims court. It costs 9 euro.

    See here for more information on how you go about it:
    http://www.citizensinformation.ie/categories/justice/courts-system/small_claims_court

    Philips can wash their hands from this (unless you have a manufacturer's warranty that was still valid) since you did not buy the TV from them.


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    #10
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Pennersunited wrote: »
    I think it looks as if we will be without a TV for quite a while then. Does that mean I will have to converse with my wife more or should I get a hobby?:)

    Get a new TV, pronto!


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    #11
    Pennersunited
    Closed Accounts Posts: 6 ✭Pennersunited


    All - Appreciate the responses. I am bombarding Argos with letters faxes and e-mails and will keep you updated on the outcome. Fingers crossed as I have already run out of conversation with the wife.........:o


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    #12
    rgfuller
    Registered Users Posts: 681 ✭✭✭rgfuller


    Isn't the TV 25 months old though and the EU directive only gives you 2 years of cover:
    EU Directive 1999/44/EC : http://europa.eu/scadplus/leg/en/lvb/l32022.htm


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    #13
    axer
    Registered Users Posts: 5,517 ✭✭✭axer


    rgfuller wrote: »
    Isn't the TV 25 months old though and the EU directive only gives you 2 years of cover:
    EU Directive 1999/44/EC : http://europa.eu/scadplus/leg/en/lvb/l32022.htm
    But the sale of goods and supply of services act 1980 gives longer


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    #14
    Pennersunited
    Closed Accounts Posts: 6 ✭Pennersunited


    But the sale of goods and supply of services act 1980 gives longer


    Thats what I have been advised by the Consumers direct helpline. They say go for it as it shouold reasonably last 5-6 years


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    #15
    Pennersunited
    Closed Accounts Posts: 6 ✭Pennersunited


    Folks - GOOD NEWS
    Argos have just agreed to replace our TV with one of our choice from the catalogue up to the value of the original price. Trouble is we paid £800 and the most expensive they now do is infinitely better and only £679.99:D:D:D
    ....so we now are getting the top of the range 32" lcd..........
    Power to the people !!!!

    Thanks for all the input and I hope this helps others


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    #16
    here.from.day.1
    Registered Users Posts: 1,211 ✭✭✭here.from.day.1


    Congrats! Always nice to see a happy ending. :)


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