Argos and the Small Claims Court

Kotek Besar

Quick question, if I submit a claim online to the SCC against Argos relating to an item purchased from them that malfunctioned after 12 months but within 6 years, should Argos initially defend the claim (based on their unfulfilled request for an independent engineers report - a request which I feel is unreasonable and unwarranted), leading to the court issuing a date for hearing, what is likely to be Argos's next step, based on peoples' experience?

Are they likely to send someone over from England to attend court, or will they fold a week before?

Procrastastudy

Kotek Besar wrote: »

Quick question, if I submit a claim online to the SCC against Argos relating to an item purchased from them that malfunctioned after 12 months but within 6 years, should Argos initially defend the claim (based on their unfulfilled request for an independent engineers report - a request which I feel is unreasonable and unwarranted), leading to the court issuing a date for hearing, what is likely to be Argos's next step, based on peoples' experience?

Are they likely to send someone over from England to attend court, or will they fold a week before?

Okay first issue is you may be under the impression that the item is meant to last six years. On the off chance of that allow me to disabuse you of that. An item should last a reasonable time and that will vary from item to item.

Now thats out of the way. Retailers generally do one of two things. Ignore the SmCC entirely eventually culminating in you needing to send the sheriff in, or they ignore it as long as they can and just refund you at some point. Almost all will do nothing based on the threat of going to the SmCC.

Alternatively they may just refund it straight away, defend by letter alone or defend completely.

NOTE: Although I have law in my username this is NOT legal advice, I am not qualifed or insured to do so, if I was I'd be charging This is simply my experience as a retailer and consumer.

foggy_lad

Kotek Besar wrote: »

Quick question, if I submit a claim online to the SCC against Argos relating to an item purchased from them that malfunctioned after 12 months but within 6 years, should Argos initially defend the claim (based on their unfulfilled request for an independent engineers report - a request which I feel is unreasonable and unwarranted), leading to the court issuing a date for hearing, what is likely to be Argos's next step, based on peoples' experience?

Are they likely to send someone over from England to attend court, or will they fold a week before?

Argos, Currys, Smyths toys, PC World etc etc will walk all over Irish Customers rights all the way to the steps of the small claims court! They have all tried this independant engineers report rubbish on with consumers in an attempt to weasle out of their obligations.

This independant engineers report rubbish was trotted out on several threads here by the Currys representative on Boards.ie Declan and it is just nonsense to say that any retailer can try to insist on a customer proving a fault with a faulty product by getting and paying for an independant engineers report!

If i were you I would submit the small claims court paperwork and let the court decide what is reasonable as most people would not deem it reasonable for a consumer to have to prove a product is faulty, that is up to the retailer!

Procrastastudy

Agree with Foggy here - I'm 90% sure (without looking at the Act) the retailer has to show there is no fault and a SmCC is unlikely to want to be bothered looking at it anyway if the fault is apparent.

Kotek Besar

Thanks for the replies folks. Without wanting to be too specific, let's say the item is a camcorder and is 17 months old. It's already been back to store and the manager saw the fault. Due to it being older than 12 months, she didn't want to know.

I complained to head office and after about three rounds of letters back and forth (last one being threat of SCC claim), I raised the claim online.

Argos defended the claim in writing to the court, basing their defence on the basis that I failed to produce an independent engineers report (but remember, the store manager has already witnessed the fault personally). A court hearing date has been set for later this year.

Are they really going to fly someone over to defend the claim in court?

Procrastastudy

More likely send a regional manager if at all.

I'd be worth the €25 even if you loose to watch them flounder around. Store managers have to deal with customers - so despite the list of rules for almost every occasion they sometime have to make decisions. Area/Regional managers only deal with Higher up managers, HR and property (who tell them what to do) and Store managers (who they tell what to do - or rather relay information). If someone could figure out a system where words and pictures could be transmitted electronically from HO to Stores then we could do away with these mupetts... Just watch them if any idependent thought is required during the hearing...

Oh wait...

Sorry I'm quite bitter :P

foggy_lad

Kotek Besar wrote: »

Thanks for the replies folks. Without wanting to be too specific, let's say the item is a camcorder and is 17 months old. It's already been back to store and the manager saw the fault. Due to it being older than 12 months, she didn't want to know.

Store policy not your statutory rights!

I complained to head office and after about three rounds of letters back and forth (last one being threat of SCC claim), I raised the claim online.

Argos defended the claim in writing to the court, basing their defence on the basis that I failed to produce an independent engineers report (but remember, the store manager has already witnessed the fault personally). A court hearing date has been set for later this year.

Are they really going to fly someone over to defend the claim in court?

You have stated there is a fault and described the fault, that should be more than enough in the eyes of any reasonable person which includes court registrars.

This is just another ploy by a company that is seeing its profits dwindle as people realise they don't actually have as many bargains or good quality stock as people once thought.

Merl1n

did you win your case ?

ssmith6287

What was the fault?

the groutch

i think the guy might have move on from this after three years.

slimjimmc

Rest in peace old thread. Closed