Raw Deal: Tommy knew he was right – he’s been here before!

TOMMY CARTMELL knows his stuff. He appeared on the Raw Deal page in August, when he was proved to be correct in an argument he’d been having with Argos.

On that occasion, Tommy had bought a PC which had proved to be faulty within 30 days.

But when he returned it to the store he was refused a refund and told he had to contact the manufacturer.

We pointed out, as Tommy had pointed out to Argos, that this was a direct contravention of the Consumer Rights Act 2015 (CRA) which states a customer’s contact is with the seller, not the manufacturer.

It is the seller that is compelled, by this law, to give a full refund.

Eventually, after Raw Deal had a word, Argos conceded that Tommy, who lives in Walsall, was right and gave him a refund.

Job done. Or at least that’s what we thought.

In September Tommy’s iPhone suffered a microphone fault and battery problems.

It was only four months since he’d bought it – from Argos again – so he took it back, knowing that the shop was obliged to attempt a repair, or if a repair couldn’t be made then to furnish him with a refund or offer an exchange item.

He was surprised when the staff at Argos, in Cannock, Staffordshire, said the way forward was for him to return the phone to Apple.

Tommy knew this wasn’t right.

He attempted to show Argos staff the web page of the Raw Deal story from August, which quotes the Argos customer relations team saying: “We take our obligations under the Consumer Rights Act 2015 very seriously.

“Our stores receive regular training and updates to ensure we comply with the law.”

But the staff didn’t want to look at the web page, which Tommy found very frustrating.

When he left the shop Tommy got in touch with Raw Deal again.

We were also a little surprised. Hadn’t we been through all this already?

The law states that a purchaser’s contract is with the seller, not the manufacturer.

And when we’d dealt with Argos over Tommy’s previous PC problem, it agreed about that.

We got in touch with the Argos management team again.

We asked why, when the 2015 Act puts the onus on the retailer to effect repair of faulty goods, or replace, if they are returned within six months of purchase, Tommy was told to contact the manufacturer himself.

We also asked what was meant (in an email Tommy received from Argos) by the assertion that: “The store’s attempt to refer you to Apple was correct and part of the aftercare service we offer.

“The request for you to contact Apple was not as the manufacturer but as experts who can quickly take all steps necessary to resolve issues you were encountering.”

Because this was even more perplexing.

The CRA 2015 gives, as far as we could see, no recourse for a redefinition of a manufacturer as an “expert”.

We asked Argos what it meant by this.

It issued a further statement to us, saying only: “Mr Cartmell reported an issue with his iPhone.

“As this appeared to be a software issue, he was referred to the manufacturer so any repair could be undertaken in line with the manufacturer’s warranty.

“This repair was offered free of charge but was declined and Mr Cartmell subsequently accepted a full refund.

“Argos offers its customers rights that extend over and above the rights offered by the Consumer Rights Act, such as the ‘30 day change your mind guarantee’.

“We have apologised to Mr Cartmell for any inconvenience his recent experience has caused.”

So, for the avoidance of doubt, let us again all agree that a consumer’s rights are exactly what is stated under the CRA 2015.

n If a customer returns faulty goods to the shop within 30 days he/she is entitled to a full refund.

n If a customer returns faulty goods to the shop between 3 0 days and six months after purchase, he/she is entitled to a repair or a replacement. It is the retailer’s job to effect a repair or to return it to the manufacturer for repair.

n If the repaired or replaced item is still faulty then the customer is entitled to a full refund.

This is the law of the land, a law passed in Parliament to protect consumers.

If you have been refused a repair or replacement within six months write to Raw Deal to tell us about it.

Do you have a problem?

To get in touch with Raw Deal please email your address and daytime/mobile number to rawdeal@sundaypost.com or write to Raw Deal, 80 Kingsway East, Dundee, DD4 8SL (please include SAE).

Briefly outline the problem and how you would like it resolved. Include contact details of the other party and any customer ref/order numbers.

By requesting Raw Deal’s assistance you agree for your name, location and a photo to be published.

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