Laptop came back from Argos repair with new scratches

[alfie]

Hi all,

I purchased a laptop from Argos at the end of October 2012.

At the end of January 2013 it developed a fault with the cooling fan - it stopped working completely and told me so on start up.

On 2nd Feb I took it into Argos to see what they could do and, as expected, they had to take it in for repair, as per the terms on the Returns and Refunds page on their website. (Not allowed to post links yet as new user!)

They called me today, 19th Feb, to say it was back in from repair. I went to collect it tonight and they said they had replaced the fan. Great, I thought. Then I thought I'd have a look at it before signing for it and noticed some small scratches in the corner and on one edge. They're not big at all, but two are deep. Also, on the document I have from when I took it to them originally, the sales assistant wrote the condition of the laptop was "good - no scratches". I pointed this out to today's sales assistant who said that she could call the repair shop (which it turns out are not the laptop manufacturers, but Argos's own repair shop) but that they were closed, so I would have to leave the laptop with her and she would have to call tomorrow. Then she said that she didn't think they would do anything about it because they are just small scratches and it's true, you do have to catch them in the right light, but they definitely weren't there before. It's been sat on my desk, never taken anywhere, for 3 months! Anyway then she said that she would have to wait for her colleague who wrote that it had no scratches to come back in to work (Thursday) and speak to her first, because "she might have just wrote that and not noticed that it had scratches" and if she confirms it didn't have those scratches before, then they will call the repair shop.

So, it sounds like if this woman who wrote "good-no scratches" turns round and says she can't be sure that they weren't there, then they won't even bother calling the repair shop and will just say they can't do anything about it.

It seemed a bit like maybe she was just trying to get rid of me, but if this does happen, I have no idea what I can do about it. In the end I left the laptop with them and didn't sign to say I had received it.

I suppose my questions are: What are my options? Do they have a leg to stand on? They wrote on the form that it had no scratches, therefore surely that's the proof that it had no scratches? Isn't it there job to check that before they write it on the official form? Do they need to offer me a replacement or a refund or neither? Do I have any rights?

Thanks very much, any help much appreciated!

 

[ALewis]

Argos, twice in one night. Brilliant eh.

You had the laptop for 4 months prior to fault, why oh why didn't you demand a refund / exchange. Saying that, we all know Argos only obides with 'Argos Law'.

Regardless of what this other staff member says, you'll have a claim under S.13 SOGSA 1982. Whereby the service provided wasn't carried out with 'reasonable care and skill' - your remedy for this would be a repair (if replacement parts can be obtained, or some way of buffing the scratches out) or damages (monetary compensation - though the amount would be literally £2 by the sounds of it). A replacement laptop would be considered disproportionate to the issue.

If however the laptop hasn't been sent off for repair, you could've got yourself a replacement laptop, as this would be a remedy under S.14 SOGA 1979.

Back to the issue of scratches, your claim is against Argos and not the repair shop. Your contract is with Argos. Regardless of any internal procedures that need to be done, you should not be put out until the actions are taken.
It is for Argos to resolve the issue with you, and then for Argos to later attempt to resolve it with the repair shop. Customer first.

You'll be best speaking to the CS manager or the store manager. Don't bother speaking to the monkeys.

 

[Witch consumer]

Just to add, it will be up to them to prove the scratches weren't there as you have confirmation from them that they weren't.

Agree with Adam though, not sure it will be a great deal of compensation, think I would be insisting they repair it, you wouldn't want to go back there if they offered you vouchers wouldyou.

 

[alfie]

Hi,

Thanks for the replies.

I did ask for a refund when I first went there and was told straight out that no it needs to go for repair. Unfortunately I didn't know at the time that I could actually demand a refund/replacement as it's less than 6 months old. I only know this since searching for info on the scratches! Mildly annoying, but I expensed it to my place of work, so thankfully it's not my money.

It looks like my best way forward is to send it back to get the scratches buffed out (if they will do it). I'm not sure on how this works, that's a question for a different website I imagine, but the laptop has a bright shiny colour, and the scratches are black as the colour has come off, so not sure if the buffing would fill that in the right colour. Also I'm fairly sure they don't sell the laptop anymore, which to me says they wouldn't be able to swap the casing or anything.

I'm expecting a call today on whether the other sales assistant remembers any scratches. It seems ridiculous, since I have a piece of paper saying there aren't any. That's an extra 2 days to wait for her to have her day off. Then if they have to send it back off, that will probably be "up to 14 working days" again, so they will have had my work laptop for 6 weeks, potentially. It's a huge inconvenience.

I can see myself going back, thinking the scratches aren't that bad, my boss will never notice... and just taking it, just so I can have it back! I hate that people get away with this kind of thing by causing massive inconvenience.

Thanks for your help. I'll see what she says on the phone tomorrow! I'll remember the SOGSA when she calls!