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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have bought an Indesit gas cooker from Argos on my Argos

Resolved Question:

I have bought an Indesit gas cooker from Argos on my Argos card. Until it was installed I had no idea that it would not fit as there is no allowance at the back of the cooker for the gas pipes causing it to not fit up to the back wall by 4inches and consequently sticks out at the front by the same amount. I am disabled and when anything falls down behind the cooker I would not be able to pull the cooker out to retrieve it. I have also caught my hips on the front corners when passing.
Argos have contacted Hotpoint for them to collect but they are refusing to do so as the cooker has been fitted, by one pipe, therefore, making it secondhand. I have not used the cooker. I was also told that I should have taken all the measurements of where the pipes are before ordering. I have never had to do this with the other 2 cookers I've had in this property. It does not give you those measurements of the cooker in the Argos catalogue so how am I supposed to know there would be a problem. I have even asked if it would make any difference if I had someone to un-install it. I don't know what else to do.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

How long after purchase and installation did you report the issue? Please can you also tell me how long ago you bought it? Thank you

Customer: replied 11 months ago.
As it wasn't installed till 5pm on 1 Aug and I called Argos the day after, 2nd Aug, and have been trying ever since.
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 11 months ago.
Argos have been telling me that someone from Hotpoint will call me within 48hrs and so Ive waited that long before contacting Argos again. It was today that I was told by Liz on the Argos line that there was no way that Hotpoint will accept it and that I should have measured it.
Expert:  Ben Jones replied 11 months ago.

OK no problem. Please do leave it with me and I will gt back to you at the earliest opportunity. Thank you

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. Your rights are not against Hotpoint but by Argos. This is because Argos is the seller.

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality – they must not be faulty or damaged when you receive them;

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller. Your rights will not be against the manufacturer as they will only be responsible if there was a manufacturer’s warranty or guarantee with the goods. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. Obviously this is not something that can be repaired, and if that or a replacement are not possible, you are still entitled to ask for a refund, or a price reduction.

If there is still time to reject the goods and request a refund or replacement, you may do so. Remember your rights are solely against Argos. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.

This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow if they refuse to resolve this, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 11 months ago.

Thank you. If they fail to resolve this you will really be looking at compensation to get your money back or a replacement. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.