Hey guys! I will keep this as short as possible!
After 18 months, my Samsung TV bought from Argos clapped out. I sent them an engineers report stating it was a manufacturing fault, and they are refunding the report cost and have advised I can take the TV into my local Argos for a 'pro rata refund'.
This is where I need some advice, as Which? Consumer Rights have advised:
"As you (Argos) are in breach of contract and I've owned the product between 6 months and 6 years, I am within my statutory rights to ask for it to be refunded."
This sentence implies I can get a full refund, unyet Argos said over the phone it will be a pro rata.
Can you guys offer any advice or past experience?
-Chris
After 18 months, my Samsung TV bought from Argos clapped out. I sent them an engineers report stating it was a manufacturing fault, and they are refunding the report cost and have advised I can take the TV into my local Argos for a 'pro rata refund'.
This is where I need some advice, as Which? Consumer Rights have advised:
"As you (Argos) are in breach of contract and I've owned the product between 6 months and 6 years, I am within my statutory rights to ask for it to be refunded."
This sentence implies I can get a full refund, unyet Argos said over the phone it will be a pro rata.
Can you guys offer any advice or past experience?
-Chris
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sorted byIn summary, the TV should last a reasonable length of time. For electrical appliances like TVs the courts usually look at that as six years. In the event that the TV breaks down before then, the retailer has two options.
Repair or replace the item. This must be done in a reasonable period of time, typically 28 days.
Offer a full or partial refund. The partial refund may be based on how much use you had from the TV, so if it failed a little less than 3 years after you bought it and the expected lifespan is 6 years, you might expect more than 50% of the purchase price to be refunded.
and it would be reasonable to expect a premium consumer device used in a consumer environment to have premium durability well-beyond the completely unrelated 6-years-to-present-a-claim period (5yrs Scotland).
The credible professional report would ideally have included the phrase:
and included a professional opinion on the reasonable expected longevity of the prematurely failed rubbish had it not prematurely failed,
which is part of the standard MO when progressing CRA claims against ignorant / arrogant merchants / credit providers.