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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter bought a tent , new from Argos Outlet in Jan 2015.

Resolved Question:

My daughter bought a tent , new from Argos Outlet in Jan 2015. 12 months warranty. Used for the first time this weekend at Brands Hatch it let in water, tent poles collapsed and it ripped in the wind. All factors which should be incorporated in the design usability / function process. It is a write off. Argos say they will not refund or replace the tent which was quite obviously bot fit for purpose. It was the only tent amongst many to suffer so it is not "Act of God" situation.
I have informed them that under the Sale of Goods Act 1978 it would be deemed not fir for purpose, which I believe is the case. As Vendor they have liability ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

Thank you for your response. Argos have subsequently advised that they deem the damage to be an "Act of God " event outside the expectations of the tent even though the other 8 tents in the field had no damage from the winds which were not deemed a weather warning in any event. The solid metal tent pole of my daughters new tent has been bent in two, collapsing the tent and pushing the pole through the side. the fabric is therefore ripped. The tent has inadequate peg hoops to hold it down with only one at the rear to hold it down (four man tent) The sides lift in the wind and allow wind, water and debris ingress

Customer:

All told a bit of a design disaster . My barrister colleague confirms that in these circumstances the tent is not a tent but should be considered only a shelter and is not fit for purpose. The stress loading on the main pole is also in question and potentially dangerous.

Customer:

Argos say their management will contact me on Monday to explain their position. I have asked to speak with their legal dept as their call centre staff do not seem to comprehend the Sale of Goods Act 1978.

Customer:

Any further input ?

Customer:

regards

Alex Watts : It makes no difference, you should issue a claim.
Alex Watts : If it was purchased on credit card they are also jointly liable under the consumer credit act 1974
Alex Watts : Does that help?
Customer:

many thanks thats really about as far as we can go for now I believe and yes it was purchased both on Paypal and Part HSBC Premier Card

Alex Watts : great,
Alex Watts : if I could ask you to rate my answer before you go today plesse, the button should be at the bottom of the screen
Alex Watts : if you need more help please click reply
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