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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I bought an apple laptop from Argos it didn’t switch on I

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Hi
JA: Hello. How can I help?
Customer: i bought an apple laptop from Argos it didn’t switch on I tried to get a refund they refused they said it’s got marks and the serial no on the laptop was different from serial no on the box it’s clearly in store fraud or along the chain
JA: Where are you? It matters because laws vary by location.
Customer: London
JA: What steps have you taken so far?
Customer: spoke to apple
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: dies this cost money
Customer: replied 8 days ago.
Hi

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Argos would be liable under consumer law as they are the retailer....

If you purchase from a business then you have rights under the Consumer Rights Act 2015, which states that the item has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the laptop must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the laptop does not meet the above then you will be able to enforce your rights and sue for your money if Argos refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the laptop.

The rights against the seller are:

1. Reject the laptop and request a refund which must be done within 30 days of purchase or delivery. The faults are presumed to be there from the outset unless the retailer can prove otherwise.

2. Repair or replacement and this can be done within the first 30 days or after, if that deadline has passed and a rejection is no longer possible.

You need to contact Argos and advise them of which option you want to go through with. If they refuse then I would advise that you report them to Trading Standards (tel: 0808(###) ###-#### and commence legal proceedings via the money claim online site (www.moneyclaim.gov.uk) for your money back.

Before you do this however you should send them a 14 day letter before action to warn them of your intentions, to allow them to avoid litigation and resolve this dispute.

I attach a template letter for you to use which will hopefully resolve the dispute. If you have had the item for 6 months or more, the burden of proof shifts to you as the consumer to prove the item was faulty from the outset - so you will need a report from someone independent to support your case before you issue court proceedings. If you do not do this, the claim is likely to fail.

(insert name and address) (insert date)

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute). The Consumer Rights Act 2015 states that items must be free from defects however the laptop was faulty. I therefore request a full refund from your company.

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days).

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 8 days ago.
Thanks Jim

My pleasure

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