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geoffk

I Took Argos To Court And Won...

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I bought a laptop in march and after 7 days of owning it the screen cracked after i touched it while pulling it towards me..

Argos told me to go away so i gave them notice under the sale of goods act and gave them 14 days.

They.refused and laptop was sent back with a 10 word report saying it was accidental damage and i said it was a defect caused by thermal stress ect ect

Anyway filed a on line claim which was defended and as we were about to enter court they offered me a full refund with all costs ......my wife said i had no chance..... :D:D:D

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Guest theboltonfury

I bought a laptop in march and after 7 days of owning it the screen cracked after i touched it while pulling it towards me..

Argos told me to go away so i gave them notice under the sale of goods act and gave them 14 days.

They.refused and laptop was sent back with a 10 word report saying it was accidental damage and i said it was a defect caused by thermal stress ect ect

Anyway filed a on line claim which was defended and as we were about to enter court they offered me a full refund with all costs ......my wife said i had no chance..... :D:D:D

What do you mean you gave them notice?What exactly, to whom and how did you tell them this?

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Guest X-QUORK

Good for you. I'd contact the local paper about it, they'd love a story like that.

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Guest Noodle

I bought a laptop in march and after 7 days of owning it the screen cracked after i touched it while pulling it towards me..

Argos told me to go away so i gave them notice under the sale of goods act and gave them 14 days.

They.refused and laptop was sent back with a 10 word report saying it was accidental damage and i said it was a defect caused by thermal stress ect ect

Anyway filed a on line claim which was defended and as we were about to enter court they offered me a full refund with all costs ......my wife said i had no chance..... :D:D:D

Was it a Hewlett Packard?

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I bought a laptop in march and after 7 days of owning it the screen cracked after i touched it while pulling it towards me..

Argos told me to go away so i gave them notice under the sale of goods act and gave them 14 days.

They.refused and laptop was sent back with a 10 word report saying it was accidental damage and i said it was a defect caused by thermal stress ect ect

Anyway filed a on line claim which was defended and as we were about to enter court they offered me a full refund with all costs ......my wife said i had no chance..... :D:D:D

Good work

There's been a lot of cases where I wished I could be arsed to challenge poor customer service or piss taking quality control issues.

I've heard Argos can be pretty shocking that regard.

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Well done. A win is a win.

But do not taake on the NHS. They have bottomless pockets when it comes to legal costs.

After all, it is only public money.

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Guest Noodle

Well done. A win is a win.

But do not taake on the NHS. They have bottomless pockets when it comes to legal costs.

After all, it is only public money.

That's socialism for you then. ;)

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I bought a laptop in march and after 7 days of owning it the screen cracked after i touched it while pulling it towards me..

Argos told me to go away so i gave them notice under the sale of goods act and gave them 14 days.

They.refused and laptop was sent back with a 10 word report saying it was accidental damage and i said it was a defect caused by thermal stress ect ect

Anyway filed a on line claim which was defended and as we were about to enter court they offered me a full refund with all costs ......my wife said i had no chance..... :D:D:D

I think that something needs to be done as regards companies taking the piddle lilke this; they take it right to the steps of the court as an intimidation tactic. Unless something in the case has materially changed then they should suffer consequenses.

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What do you mean you gave them notice?What exactly, to whom and how did you tell them this?

You have to send that what's called a "letter before action" to the other party outlining your grievance, and what remady you expct. You must give them a resonable time to respond and have to be open to their reasonable comments. If they do not respond they can't claim that they didn't know about it when it gets to court. It only needs to be in the form of a letter and needs not be in any particular form.

It needs to be sent to the registered office of the company although I think any premisis from which they trade is also okay - certainly the one from where you bought it would be okay.

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Well done. A win is a win.

But do not taake on the NHS. They have bottomless pockets when it comes to legal costs.

After all, it is only public money.

Doesn't mean they always win though and some things are very easy to beat them on. One situation where the courts take little sh1t is that of providing information to patients. If you aren't informed of a risk involved in your treatment (even a very small one) then you are quite likely to win. Google Chester v Afshar on if you're interested in this sort of thing, it's quite interesting.

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it was a samsung and cost £400 it was this model

http://www.hotukdeals.com/item/594290/samsung-laptop-3-year-warranty-3-yr

to the op who stated that a fair few will be dropped you are 100% correct but thye rule every single one out refusing to believe that some can and do crack as there are loads of websites with the problems

http://www.avforums.com/forums/laptops-netbooks/1051801-acer-aspire-6930g-laptop-screen-cracked-its-own.html

http://www.eeeuser.com/2008/12/21/asus-eee-pc-1000h-screen-cracks/comment-page-1/

http://www.crackedlaptopscreens.com/category/uncategorized/

i have found out a thing called thermal stress can cause it,,,,,,the engineers have no tests to be able to tell if it has been dropped or not...but 100% denial rate is out of order... :)

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Do you mean the lower section of lid that acts as joint? What model? Friend had it happen - her son closed laptop in front of her and she knows he wasn't rough with laptop as she watched him! Shop were shirty with her and she got nowhere.

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no sarah i mean the lcd screen cracked... ;)

really...EVERYONE SHOULD READ UP ON THE SALE OF GOODS ACT...it is a great bit of legislation for us the consumer....

such as

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

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Wouldn't the burden on proof be on them to prove that you are lying when you said you didn't drop it?

No, burden of proof is always on the claimant.

----------------------

I would be wary of taking this route on anything but a high value item as we (and many other retailers) always defend and always go to court and, so far, have always won. (This is only possible becuase we use a network that different solicitors across the country are a member of who attend court on our behalf. Otherwise travel costs to different county courts would mean settling would be most economical).

The judges actually aren't generally that keen on claims being made online against retailers. Personally, I'd set a lower limit of £250 for a claim. It's not uncommon for claims to be started online without customers even having contacted the retailer first.

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To be fair to Argos, I imagine that most cases where the screen breaks are due to accidental dropping or similar.

it was a samsung and cost £400 it was this model

http://www.hotukdeals.com/item/594290/samsung-laptop-3-year-warranty-3-yr

to the op who stated that a fair few will be dropped you are 100% correct but thye rule every single one out refusing to believe that some can and do crack as there are loads of websites with the problems

http://www.avforums.com/forums/laptops-netbooks/1051801-acer-aspire-6930g-laptop-screen-cracked-its-own.html

http://www.eeeuser.com/2008/12/21/asus-eee-pc-1000h-screen-cracks/comment-page-1/

http://www.crackedlaptopscreens.com/category/uncategorized/

i have found out a thing called thermal stress can cause it,,,,,,the engineers have no tests to be able to tell if it has been dropped or not...but 100% denial rate is out of order... :)

No retailer, that I know of, has any private cynical agenda to offload defective product on customers. The problem is the *majority* of all customer complaints/returns are spurious and there are far too many people who abuse their right to return goods. Unfortunately, genuine cases get mistaken for p1sstakers and it's very hard to discriminate.

Of all the returns we get a large percentage are faulty through misuse or the customer has simply been unable to use correctly. A good number of which can be refurbished or just don't have a fault at all, we job these off on ebay (as do Argos, Tesco and others) there's rarely any negative feedback about defective product.

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Argos position sounds reasonable - they really have no way of knowing whether they're being scammed except by testing the claimant's resolve.

The worst position for claimants is when they've taken out a loan to buy the product, stop their payments, get nowhere with the retailer, and are pursued by the lender with interest compounding.

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No, burden of proof is always on the claimant.

----------------------

I would be wary of taking this route on anything but a high value item as we (and many other retailers) always defend and always go to court and, so far, have always won. (This is only possible becuase we use a network that different solicitors across the country are a member of who attend court on our behalf. Otherwise travel costs to different county courts would mean settling would be most economical).

The judges actually aren't generally that keen on claims being made online against retailers. Personally, I'd set a lower limit of £250 for a claim. It's not uncommon for claims to be started online without customers even having contacted the retailer first.

I knew you would be along....and i also knew you would post misleading information.....the burden of proof is on the retailer for the first six months..

· If the consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

http://www.travelwatchdog.com/Sale%20of%20Goods%20Act.htm

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I knew you would be along....and i also knew you would post misleading information.....the burden of proof is on the retailer for the first six months..

· If the consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

http://www.travelwatchdog.com/Sale%20of%20Goods%20Act.htm

I was referring to a county court claim rather than exercising statutory rights. If it gets to an actual court room and you claim it's faulty you may need a report by an independent third party yourself.

This was the right result and the right course of action. The cost of settling is cheaper for Argos than refunding every chancer that's broken their laptop. The inconvenience of completing a claim from online is probably better for consumers than paying inflated prices to offset the cost of retailers always refunding every chancer with a broken laptop.

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No, burden of proof is always on the claimant.

----------------------

I would be wary of taking this route on anything but a high value item as we (and many other retailers) always defend and always go to court and, so far, have always won. (This is only possible becuase we use a network that different solicitors across the country are a member of who attend court on our behalf. Otherwise travel costs to different county courts would mean settling would be most economical).

The judges actually aren't generally that keen on claims being made online against retailers. Personally, I'd set a lower limit of £250 for a claim. It's not uncommon for claims to be started online without customers even having contacted the retailer first.

HERE WE GO AGAIN...Now please tell the people what the ,max costs that can be awarded in a small claims fast track.....you do not seem to know a law you should...or choose to ignore...ps its £75 in 96% of cases

The court will serve the summons on the defendant and tell you what to do next. If the value of your claim does not exceed £200, and has been defended, there will normally be no award of expenses. If the value of the claim is more than £200 but not more than £750, and has been defended, the maximum amount of expenses that will normally be awarded by the court is £75. There are, however, circumstances where the limit on expenses does not apply - for instance, if the case is undefended, or if the defender puts forward a defence with the object of delaying proceedings, or a pursuer makes a claim that is unreasonable and not justified, full court expenses may be awarded.

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HERE WE GO AGAIN...Now please tell the people what the ,max costs that can be awarded in a small claims fast track.....you do not seem to know a law you should...or choose to ignore...ps its £75 in 96% of cases

The court will serve the summons on the defendant and tell you what to do next. If the value of your claim does not exceed £200, and has been defended, there will normally be no award of expenses. If the value of the claim is more than £200 but not more than £750, and has been defended, the maximum amount of expenses that will normally be awarded by the court is £75. There are, however, circumstances where the limit on expenses does not apply - for instance, if the case is undefended, or if the defender puts forward a defence with the object of delaying proceedings, or a pursuer makes a claim that is unreasonable and not justified, full court expenses may be awarded.

Not sure which bit you're referring to, if it's the travel costs, the point I'm making is we can't recoup these and as a limited liability entity we can't have the case moved away from the court near the claimant (a private individual/sole trader can).

Some legal trainee from a local solicitors will pitch up to defend the case but it's on a point of principle as the legal costs can't be recovered in the small claims court, in all cases for us it would be cheaper just to pay everything as soon as a claim is received from the court.

The whole point of the small claims court is no award is made for costs so it's of little risk for David to take on Goliath - I'm pretty sure it's more like £5k plus before there's any risk of costs being awarded unless the claim was vexatious etc.

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Not sure which bit you're referring to, if it's the travel costs, the point I'm making is we can't recoup these and as a limited liability entity we can't have the case moved away from the court near the claimant (a private individual/sole trader can).

Some legal trainee from a local solicitors will pitch up to defend the case but it's on a point of principle as the legal costs can't be recovered in the small claims court, in all cases for us it would be cheaper just to pay everything as soon as a claim is received from the court.

The whole point of the small claims court is no award is made for costs so it's of little risk for David to take on Goliath - I'm pretty sure it's more like £5k plus before there's any risk of costs being awarded unless the claim was vexatious etc.

The point i was making is there is very little chance if you lose paying out much in costs..if any apart from the £30 to bring the claim

.I feel it is a great way of getting a retailer taking what i have to say seriously as they lie and cheat about the soga and will tell a customer lies about it... here is a good place to get a copy of the act ;);)

http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

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No, burden of proof is always on the claimant.

This isn't the case with the Sales of Goods Act. There is a reverse burden of proof introduced in 2002 or 2003.

The consumer may need to be able to show that a product is faulty but they do not have the responsibility of demonstrating that this was the case at the time of purchase. It does not mean that a consumer has a right to 'rejection' for the first 6 months. After the 6 months, the remedies still apply but the burden of proof reverts back to the consumer.

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  • 194 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • Even
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      • up 5%



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