Argos refusing to fix/replace PS3 claiming Data Protection Laws ?

24
Found 10th Mar 2008
Hi - My PS3 stopped working at the weekend. As it is only 4 months old, I dropped it into Argos where I purchased. They agreed to send it back to Sony. They are now claiming I have to deal with Sony direct as there may be data on the machine , and under the Data Protection Act, they claim they can not do anything. Can someone confirm my rights under the Sale of Goods Act. ?
Or has anyone had a similar experience ?
Paid via credit card , so I may claim of them ?
Please Help !

Thanks
creekchubpikie

24 Comments

Tell them that there isn't any data on it?

Ask them to put it in writing.

My understanding is that your "contract" is with Argos as they supplied you the goods - the offer and acceptance was done between yourself and Argis. So you shd deal with them. I know how difficult they can be as I had an issue with my Wii and they used the excuse that if I dealt direct with Nintendo, it would be cutting out the middle man. I call it shirking their responsibilities!! I could be wrong so hopefully someone who is more clued up on Law can offer the correct advice. Good luck!

oh god.

Argos are a joke.
Same thing happened with my 360.

Told me they couldn't send it off to microsoft because i had to phone them up directly.
Yet when i arranged pickup all i did was go online and request a repair.

I spoke to trading standards and they said that if they have provided you with a way of getting your console repaired then they have not breached the sales of goods act.
I gave up and sent mine off, peed me off though!

argos are a joke when it comes to electrical products.... good luck in resolving ur matter

why on earth would you not ring sony? they come to your door and replace the machine, if not collect and drop back off to you. why waste time going all the way to argos?

I think Paul Gadd may know something about data protection under repair circumstances.

Its increasingly common for electronics retailers to make you contact the manufacturer direct. It saves them having to phone and book the collection, then they are liable if it takes for ever and you can demand a brand new replacment. This is common with mobiles, satnav, games consoles etc etc.
Although it is the retailer who should sort the problem, its cheaper for them to get manufacturer to do it.

Its a bit naughty but I have heard of people buying a brand new one, and returning the faulty older unit with the new receipt to get a within 28 day refund. So you get a nice fresh one with no ongoing faults

shanecr;1698835

why on earth would you not ring sony? they come to your door and replace … why on earth would you not ring sony? they come to your door and replace the machine, if not collect and drop back off to you. why waste time going all the way to argos?



:giggle:

I had similar discussion with Staples a couple of years ago, the CD-RW (recorder, not disks)I bought from them failed after 11 months and they told me to contact Philips (manufacturer). Philips refused to deal with me citing that they can not deal with customers directly. Staples, on their side, refused to repair CD-RW or issue refund while insisting that I must deal with Philips.

I gave a call to Tradimg Standards and they told me that Philips are in the right and Staples in the wrong. They told me what I have to tell to store manager (something about SOGA) and also told me that the retailer must fix the problem as my contract is with them, not the manufacturer. I called Staples manager and, after magic words were mentioned (Trading Standards and SOGA), he agreed to issue a refund straight away.

Original Poster

Thanks everyone for your comments. Will let you all know how I get on !

dealtaker;1698925

Its increasingly common for electronics retailers to make you contact the … Its increasingly common for electronics retailers to make you contact the manufacturer direct. It saves them having to phone and book the collection, then they are liable if it takes for ever and you can demand a brand new replacment. This is common with mobiles, satnav, games consoles etc etc. Although it is the retailer who should sort the problem, its cheaper for them to get manufacturer to do it. Its a bit naughty but I have heard of people buying a brand new one, and returning the faulty older unit with the new receipt to get a within 28 day refund. So you get a nice fresh one with no ongoing faults



Be careful with this one, ARGOS check serial numbers.

billyX;1698844

I think Paul Gadd may know something about data protection under repair … I think Paul Gadd may know something about data protection under repair circumstances.



just me to get this one then ? :whistling:

appears so, yes.
was it a beans advert or something that his real name became widely known in?

krunchynutt;1699047

Be careful with this one, ARGOS check serial numbers.




with what exactly? I would not commit fraud like that but the serial is not printed on the box or the receipt.

alternate;1699734

with what exactly? I would not commit fraud like that but the serial is … with what exactly? I would not commit fraud like that but the serial is not printed on the box or the receipt.



I agree, in my experience Argos have NEVER even looked inside a box let alone checked the serial number on the item :lol:

Banned

krunchynutt;1699047

Be careful with this one, ARGOS check serial numbers.


Where do you get your info. This is complete rubbish!

alternate;1699734

with what exactly? I would not commit fraud like that but the serial is … with what exactly? I would not commit fraud like that but the serial is not printed on the box or the receipt.



When I returned a faulty DS lite they had the serial information and checked it before refunding money.

Banned

krunchynutt;1699874

When I returned a faulty DS lite they had the serial information and … When I returned a faulty DS lite they had the serial information and checked it before refunding money.


Maybe that was a one-off with DS's as they are generally for kids so probably get a lot of returns. They have never taken any serial numbers from me (3 x HDD recorders, PS3, 4 x DVD players, 2 x LCD etc)

Original Poster

Hi Everyone- SUCCESS. Phoned head office, reminded them of the contract they had with me under the 1979 sale of goods act, couple of hours later, they offered a full refund !
Now of the find the best deal on a new PS3.

Thanks for all the help.
Creekchubpikie

Ps - They did check the Serial number with the box when I returned it !

krunchynutt;1699874

When I returned a faulty DS lite they had the serial information and … When I returned a faulty DS lite they had the serial information and checked it before refunding money.



The DS has the serial printed on the box and the console - bit like with mobiles.

Xbox360 (and I think PS3 too) have a hole in the box to read the serial off the console. the serial is not printed anywhere else to check against (true of 360 at least).

A lot of US chains print the serial on the receipt but it doesn't seem to have caught on over here.

csiman;1699866

Where do you get your info. This is complete rubbish!



I have returned a DS and the serial number was checked by the manager when before he would authorise a refund. Perhaps you should get your facts right before you accuse someone of talking rubbish.

Glad you managed to get yourself a refund!

Banned

krunchynutt;1703631

I have returned a DS and the serial number was checked by the manager … I have returned a DS and the serial number was checked by the manager when before he would authorise a refund. Perhaps you should get your facts right before you accuse someone of talking rubbish.


Hmmm - what if you return it without the box :whistling:

csiman;1705496

Hmmm - what if you return it without the box :whistling:



No idea, I had the box.
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