Argos delivery

[Captain kaos]

Im in need of some advice so heres the back story.

 

I ordered 2 settees from argos on the 19th august. Delivery was promised within 28 days and they took my money within a few days from my account. Was wondering today about the delivery so rang up and was told there was a small delay and it would be another 28 days before I received them.

 

So where do I stand with breach of contract issues and compensation?

 

Does anyone have the names and address I need to contact?

 

All help welcomed

[installspark]

See my post Argos Breach Of Contract.

 

There are several acts that they are in breach of:

 

Unfair Terms in Consumer Contracts Regulations 1999 as amended (see para 2.3 in Argos T&C), contract deemed to be formed on date of debit to card.

 

Consumer Protection (Distance Selling) Regulations 2000 as amended which states:

 

Delivery must be made within the time period agreed with the consumer or, where no arrangement has been made, in any event within thirty days.

 

The Supply of Goods and Services Act 1982 by failing to deliver the goods within a reasonable time.

 

The person to write to is

 

Terry Duddy

Chief Executive

Argos Retail Group

489-499 Avebury Boulevard

Saxon Gate West

Milton Keynes

MK9 2NW

 

You should get a call by the next working day after they receive your letter from someone in the Cheif Executives Office.

 

Don't be surprised if they can suddenly "find" stock for your item, just means that some poor b*gger will not get their order from either Argos or Homebase.

 

{Edit} I asked for 50% (£60) refund in my letter to them, they offered 25% (£30) which I refused and said would be happier if they met me at 33% (£40). Cheque banked yesterday.

[installspark]

This is the letter I used, presuming that you ordered the items via their website:

 

Terry Duddy

Chief Executive

Argos Retail Group

489-499 Avebury Boulevard

Saxon Gate West

Milton Keynes

MK9 2NW

 

 

 

{Date}

 

 

 

Re Order reference {your order Details}

 

Dear Sir,

 

The above was ordered, via the company website, on {date}. Payment of {amount} was debited from my bank account on {date}.

 

At the time of my offer to purchase, and the company’s subsequent acceptance of the offer to purchase, confirmation was given that the items would be delivered twenty eight days.

 

By {date} I had received no contact from Customer Services to arrange delivery and was concerned about this lack of communication. I telephoned Customer Services at {time and date} to query the delivery status of my order. During the conversation I was informed that stock was not expected until {date}. This is unacceptable. At no time was I informed about delays to my order despite your company having my contact details.

 

Having sought advice from my local Trading Standards, I draw your attention to the fact that the company is now in breach of contract, as the contract is deemed to have been formed between the company and myself on the date of the debit to my bank account. This is irregardless of paragraph 2.3 of the Terms and Conditions which state:

 

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.

 

This, Trading Standards have also advised, is an unfair term as defined by the Unfair Terms in Consumer Contracts Regulations 1999 as amended. This term is unfair as it is contrary to the requirement of good faith and causes a significant imbalance in the parties' rights and obligations under the contract, to the detriment of consumer.

 

Further to the breach of contract, the company is also in breach of the Consumer Protection (Distance Selling) Regulations 2000 as amended which states:

 

Delivery must be made within the time period agreed with the consumer or, where no arrangement has been made, in any event within thirty days.

 

The breach occurs as the confirmation of the order states that delivery would be within twenty eight days.

 

Furthermore, the company has also breached the Supply of Goods and Services Act 1982 by failing to deliver the goods within a reasonable time. For the purposes of defining a reasonable time I refer to the maximum timescale as permitted by the Consumer Protection (Distance Selling) Regulations 2000 as amended.

 

Trading Standards have advised that I am within my rights to commence legal proceedings against the company, without notice, for the breach of contract that has occurred. However I am willing to show goodwill and reasonableness on my part by giving you the opportunity to rectify what is an unfortunate situation. To this end I am prepared to accept a partial refund, to be made to my debit card or by cheque, of fifty percent of the purchase price of the item in question. I also require a firm date as to when I can expect to take delivery of the item.

 

This offer does not prejudice my right to commence legal proceedings and inform Trading Standards should you decide not to accept.

 

I await your prompt reply, and in any event within fourteen days.

 

Yours faithfully

 

Captain kaos

[Captain kaos]

Thanks a lot installspark thats more help than I expected and I'm very grateful for your effort.

 

The settees cost £365 all together so its a considerable amount of money they've had of mine for a month now.

 

I'll ask for 50% refund and see where that gets me. I'll post again when I have a reply of some sort.

 

Thanks again.

[installspark]

Thanks a lot installspark thats more help than I expected and I'm very grateful for your effort.

 

The settees cost £365 all together so its a considerable amount of money they've had of mine for a month now.

 

I'll ask for 50% refund and see where that gets me. I'll post again when I have a reply of some sort.

 

Thanks again.

 

My pleasure

[elizabeth1]

Hiya,

I am waiting for an Argos delivery too - terms in the catalogue say expect delivery within 7-14 days - reciept has it type written that delivery should be within 21 days!!

 

Today for my purchase 21 days are up - so I just rang them asking where my stuff is - they say they put a letter in the post yesterday saying there is another 7 days delay before I'll hear from them. :?

 

I asked about compensation and the lady told me I have to have my goods for 16 days before I can claim anything back off them!! Is this right?? Surely they have breached their contract with me before the 16 days ??

 

Can I send this letter to ask for compensation and see if it pushes them to send my items of furniture sometime soon?

 

I am sure from what lady said on phone - I won't get my stuff within 7 days time - just that they have a 7 day delay and I have to wait longer - so it still looks like it will be at least a fortnight before I am likely get my goods?

[installspark]

Did you order the item via the internet or telephone, or was it done instore?

 

If it was done instore, check your receipt carefully for the wording "Delivery usually within xx days". If this appears on your receipt then there is no breach of contract yet as you have said that Argos are sending you a letter advising that there is a further 7 day delay., taking the delivery to 28 days.

 

After this if the item still has not been delivered that Argos can be deemed to be in breach of contract under the Sale and Supply of Goods act for failing to deliver within a "reasonable" time period. You could then send an edited version of the letter above removing references to Distance Selling Regulations.

 

If however you ordered either by phone or via the internet and your confirmation receipt does not have the words "delivery usually within" then Argos would now be in breach of contract and several acts of law.

 

I asked about compensation and the lady told me I have to have my goods for 16 days before I can claim anything back off them!! Is this right??

 

What a load of BS, especially if Argos are in breach of contract. You will find however that Argos will not discuss compensation, or as they call it "goodwill gesture", until the item has been delivered. Don't accept gift vouchers as this costs the company nothing in monetary terms.

[elizabeth1]

Installpark,

Thanks for your reply - I did purchase instore and my receipt said delivery within 21 days (the catalogue said 7-14 days when girl in Argos showed us).

 

Letter hasn't been recieved yet - from conversation had today with customer services people there is a letter on it's way - so their breach is that they didn't inform me prior to the end of the 21 day period.

 

I did speak to the Cust Services last Friday and nothing was said then about a hold up / delay etc.. surely at this point they knew the stock wasn't avaiilable and certainly wouldn't be delivered by the 21 day deadline - so they could have told me last week?

 

I have sent a letter querying this and will just wait to see what they say - because I still need to make arrangements for someone to be home to accept delivery etc.. - from what I was told today it is unlikely to be within the 7 days she mentioned in letter that is on it's way to me - it will be interesting to see what happens now!!

 

Thanks for your help with this!!

[installspark]

Argos are now in breach of contract as your receipt specifies a definite time period for delivery of the goods to you.

 

The contract can be deemed to have been formed between Argos and yourself at the time of Argos accepting your offer to purchase and taking payment from you. This is irrespective to any Argos T&C which may state otherwise, and may be breach of the Unfair Terms regulations,. Would need to check Argos' T&C for purchases/orders made instore when I find the catalogue.

[elizabeth1]

Installpark,

Thanks for your help - this morning I got the letter from Argos dated 14th Sept 2006 saying that they "have had delays receiving stocks from suppliers and anticipate that they will receive stocks by 19th Sept 2006 and will contact me to arrange delivery"

 

TODAY is 19th Sept 2006 (or according to the date on my PC it is LOL :0) ha ha) - I spoke to girl yesterday and she was telling me it wasn't likely to be within 7 days!! Different than what the letter says?

 

So now I am confused - cause I still don't know whether they got the stock for my items or not? I shall make sure I spend today by phone so I don't miss call - answer machine is also on incase I go bathroom!! ha ha

 

Looks like they have definitely breached their contract with me - I did pay cash for the items - not the Debit Card or Credit Card (where often payment goes a little later) so my contract actually began at the point of sale where I paid cash at the till?? My receipt states I paid cash and I do remember scratching around my purse to find £5 in change to pay delivery charge ha ha cause I was surprised by this charge and Hubby was winding checkout girl up over it etc.. I couldn't wait to get out of there.

 

I shall just see if the complaint letter I sent does anything to help.

 

What bothers me is - I spoke to Argos CServices on Friday 15th as I was concerned knowing I'd have to arrange for someone to be home etc..- she never mentioned any letter or stock difficulties and this letter is clearly dated 14th - surely they ought to have aimed to get this letter to me before the 21 days were up - rather than send it to me when it was blatently obvious their 21 days was going to be missed etc..?

 

Looks like all I can do is sit around waiting for phone to ring hoping someone will actually tell me whether I am going to get my furniture or not - it isn't good really is it??

[Captain kaos]

Got an update.

 

I received a letter from argos the day I posted mine, stating that they were expecting stock on october 11th so delivery will be after that date.

 

I then got a phone call on thursday confirming delivery for tuesday 26th september, so it looks like someone else has missed out to provide me with my order. Around 10mins later I was phoned by Melissa from terry duddys office who offered £30 in vouchers as compensation and that she would be happy to talk to trading standards about the matter.

 

I refused the offer and have asked for it in writing, so I expect that in the next few days.

 

£30 in vouchers is just cheeky I at least want cash, vouchers cost them nothing.

 

Thanks again installspark I should have some furniture by tuesday.

[elizabeth1]

Captain Kaos,

That's Brilliant - well done!!! Bet you can't wait till Tuesday??

 

 

I am begining to wish I'd begun my own thread here on Argos Because - the letter I rec'd stated They were expecting stock on 20th September and would contact me then.

 

On Thursday 21st I got a call from Melissa at the chief Execs office saying that they hadn't got enough stock to deliver my items and she couldn't see any due delivery date in the near future and has told me her hands are tied and that I simply have to wait till stock becomes available!!

 

Apparently the suppliers let them down at Argos and haven't met deadlines etc.. in delivering stock to them - therefore because Melissa's hands are tied - all I can do is sit and wait hoping that one day I may get my furniture. So when I was dumb and asked "well how long am I likely to be waiting for this to happen and I might get my furniture" I was told that nobody knows!!

 

However, once I have had delivery of my furniture items - Melissa says she will send me some gift vouchers as a goodwill gesture!! So I have replied that I paid for my furniture in cash - I do not want vouchers as I do not feel that I will want to shop with Argos again in future - because I couldn't feel confident that I would ever get delivery of any item I would pay for etc..

 

Under the present circumstances I feel very let down as the company took my money - and let the 21 days slip by with no contact or explanations to me as to there being a problem - it was left to me to chase them for answers - and even now I have no real answer as to whether or when I shall get my goods!!

 

Mmmm!!! I am not impressed to say the least - it's really rubbish because I am being made to feel that I am being unreasonable in wanting my goods now!!

 

So I don't know what to do now - in writing to Mr Duddy - my query was simply just passed to Melissa - who couldn't do anything anyway!! I will sit and think what I do next because I am not happy or impressed with this company at all.

 

Does anyone have any ideas of what I do now? Seems like nobody wants to deal with it for me? Just feel a little stuck and let down now.

[installspark]

@ Captain kaos.

 

Congrats on getting your delivery from them sorted. Stand your ground and request the cash. Strangely though I was offered a choice between cash and vouchers by Jamie from the Exec's office.

 

@elizabeth1.

 

You are entitled to cancel the order and receive a full refund, and should have been offered this opportunity by Melissa. It sounds like she doesn't know what she's talking about nor the precarious legal situation her employers are in regarding breach of contract. It may well be that Argos' suppliers have failed to deliver stock to them, however this is not YOUR problem nor should it be used as an excuse for failure to deliver. Argos advertise the goods for sale and should ensure that they have a reasonable level of stock to cover orders, especially if the items have been advertised in preceeding catalogues. You may now add misrepresentation at point of sale to the list of breaches by Argos as the goods are not available within the stated delivery times as in their catalogue.

 

Are you able to source the same or similar items from another supplier? If so you are entitled to claim any difference in cost from Argos through the Courts as damages.

 

Have you been given a contact number for Melissa? Give her a call and state that you are not happy with the manner in which she has been dealing with your complaint and feel that she is trying to frivously dismiss the concerns that you have. State because of this you no longer want her to deal with the complaint as you have no confidence in her abilities and wish to liase with her manager (she will have one as they are only more experienced agents) as she has failed to grasp the seriousness of the sitiuation in regards to breach of contract.

 

Her offer of vouchers as a goodwill gesture payable when the goods are delivered, and this is an unknown time period, is insulting and derisory. Argos have been making interst on your money since day one and you have no goods to show for it.

 

BTW the cheif's exec office just happens to be based at Acton Gate, the same address as Argos Direct!!

 

[Edit] The phone number for Argos head office in Milton Keynes is:

01908 690333

[elizabeth1]

Hiya Installpark,

Thank you for your reply - seems Argos have in fact left me in somewhat a pickle regarding getting delivery of my items.

 

My letter of complaint had been sent to Mr Duddy at the address above 0 he'd passed it to Melissa to deal with - seems they haven't a clue in there to me!!

 

I still haven't heard from Mellissa (since her call to me last week) regarding if & when I am to expect delivery - and I am worried as I am away next week for a few days so won't be here to deal with it etc..

 

What I will do is write to Mr Duddy once more by recorded delivery and express that despite his passing the matter to Melissa last week nothing had been solved cause the suppliers had let them down etc.. - I do intend to ask why they haven't the stock to cover the items as sold to me etc.. and how do they feel that making this my problem is right etc.. - because in all honesty this isn't fair and this company ought to have a little more about them and have been able to solve the problem by now.

 

I haven;t been offered a refund - or alternative items (similar stock to replace the goods I originally chose) - seems they still want my money? I did get a number for Melissa - but seems she is unable to deal with the problem - she has basically left it that I am waiting for my goods for an unknown length of time - which doesn't impress me at all - but she promises vouchers upon receipt of my goods. It was the gasp on the phone when I said I didn't feel vouchers were appropriate under the circumstances as I'd never know if I was ever going to get my goods!! I was made to feel as though I was being unreasonable saying that to Melissa.

 

I never intend to deal with this company again once this is dealt with - it is nasty that I am let down so badly and made to feel it's my fault etc..

 

My plan for this morning is to draft a letter to My Duddy - as I am not prepared to leave it at all - this company do have to sort this one way or the other!!

[Movingon]

I cannot condone the terrible abuse of the English tongue used to produce the word "Irregardless".

 

Regard: consider

Regardless: without considering; ignoring

 

[elizabeth1]

Yesterday I sent my second letter to Mr Duddy - I thanked him for passing my concerns to Melissa etc.. and stated that still an outcome hasn't been reached - would he look at the situation again and try deal with it.

 

I then sat and found a similar "range" of furniture items that were similar in style to what I had paid for and at the price I would have paid for the individual items would have been within a £50 difference slightly higher than what I had purchased. (In other words had the items have not been on a promotion I would be just £50 below the price of the similar items in a different range of furniture)

 

I this afternoon rang Melissa - who had by this time been passed my second letter to Mr Duddy and was asked to "deal with me".

 

Melissa says she still has no sight of a date for the delivery of my items - suppliers are messing them around at Argoss - I have to wait "my hands are tied - I can't do nothing" she informs me. They have no due date for a stock intake at all yet.

 

So I politely said - "well look - if it's this difficuly how about if I chose alternative products for delivery does this help them out?"

 

Melissa replies "well you'd have to get catalogue numbers of items, we'd have to cancel first order then order new items as a whole new purchase providing the items cost the same - or you'd have to pay difference"

 

so I explained that the offer I bought was a Bank Holiday promotion with 1/3rd off - but had the items been individual purchases I'd just be out by £50 (which given the messing about they are giving me is a good deal to them?) She said she won't do it she isn't authorised to. So I asked to speak to Mr Duddy and she wouldn't give me the number. I forgot it was on here - will try it tomorrow!! see if I can get through etc.. But Melissa is stubborn and won't budge!!

 

I asked if they could use a different supplier - or if I found same items elsewhere would they pay for the order etc.. and she tells me NO!!!

 

So now - Mr Duddy won't talk to me - he passes my worries to his asst, the asst is tied up, I can't have an alternative, they won't try source the products from elsewhere either - I am not having a good day am I?? Argos still have my money and I have no furniture!! It's not looking good is it??????

 

NOW MY QUESTION IS - How do I take them to court?

I am really cheesed off with the tone of voice off Melissa - Today I felt as though I was stupid when she snapped down the phone "we can't give you stuff if it hasn't come from suppliers now can we?" the woman clearly isn't seeing my concerns or point of view and treats me like I am 5 years old and wants me to sit in a corner and be quiet!! It's as though I am being awkward in wanting my goods!!

 

I need to take this a step further and see something is done so that I do actually get delivery of my items etc.. Does anyone have any idea of what my first steps should be?? I can't sit here indefinitely waiting and hoping that one day they'll send my furniture.

 

I feel really stuck now after being chastised by Mellissa like a naughty little girl. Does anyone have any ideas how I do this now??

[installspark]

I need to take this a step further and see something is done so that I do actually get delivery of my items etc.. Does anyone have any idea of what my first steps should be?? I can't sit here indefinitely waiting and hoping that one day they'll send my furniture.

 

I feel really stuck now after being chastised by Mellissa like a naughty little girl. Does anyone have any ideas how I do this now??

 

You now have several choices as to how you would wish to proceed:

 

1. Trading Standards

 

Contact Trading Standards, explain the situation and the steps you have taken in trying to receive your order and the unreasonableness of Argos. You may well find that hey will take the case up oin your behalf.

 

2. Cancel the order

 

You have the right to cancel the order and claim a refund as Argos have failed to deliver and have no real prospect of being able to deliver in the near future. It may take up to 30 days for you to receive the refund though.

 

3. Order goods from a different supplier.

 

Find another company that sells items similar or the same as those ordered from Argos. Purchase the goods from them and then cancel the order with Argos. You will then need to send another letter stating that you intend to claim damages from Argos due to their breach of contract.

 

You can claim for any difference in cost over and above the price paid to Argos and also claim for reasonable expenses incurred whilst trying to resolve your complaint. This can include telephone costs, postage and reasonable time at your normal hourly rate as paid by your employer.

[elizabeth1]

Hiya,

 

Just spoken to Consumer Direct Wales people and explained what is going on - I explained about Argos having stock troubles etc.. and that I have offered to take alternative items as a means of getting some furniture this side of New Year etc.. That Mellissa isn't willing to swap order and waiver the price difference as way of compensation etc..

 

So the lady at the consumer centre advised me to write by recorded delivery telling our friend Mr Duddy what I had offered to do (with the item numbers etc..) and see what he says as he may decide to do it if Mellissa is not able to do it (could be he has authroity to do this ?)

 

I have been told to give them 7 days to deliver items (of one type as I originally purchased or the alternatives) and then take my case through small claims court etc..

 

So now cause there is so little help within the borough I live to support cases like this - I either have to go Citizens advice people for help - or go it alone!!

 

But the option is I take a refund - which according to Melissa yesterday could take up to 35 Days for them to send me a cheque - which of course will take days to clear etc.. so it's weeks again before I can shop and buy these items elsewhere!!

 

So then in total if I chose the refund - lets say waiting 40 days for money to get to me and clear money & shop (cause let's face it Melissa isn't exactly going to rush herself is she?) and the 30 odd days I have waited so far for my goods - they'd have had my money for a total of 70 odd days and I am back to square one and had hassle all the way!!

 

AMAZING????? Is she furious?? You bet your life she is - I cannot put into words my present anger!!

 

But I reckon I try get even with this company and write to Mr Duddy and see what he says for himself - is the phone number further up this thread for Mr Duddy?? Cause I shall phone him tomorrow if it is - these companies are untouchable aren't they??

 

Thanks for your help and advice - I shall get something sorted before I go away - I just feel taking the refund option lets them off the hook cause it means they had our money all this time and all I do is break even and have tollerated the trouble this company put me through!! (argh!!) just let me go scream in a corner somewhere!!

[installspark]

The number further up is for Argos Head office in Milton Keynes so might be worth phoning them.

[elizabeth1]

THANK YOU!!!

 

I shall go give it a try before I post letter to Mr Duddy - I sure wish I had his number I'd sure give him earache!!!!

 

Can you believe this hassle?? All I did was buy a sideboard and coffee table!!

 

Just phoned that number - got passed from pillar to post - BUT did get a very clever girl who managed to tell me that they are expecting stock of my items on 23rd October 2006 - so my items may be delivered from that allocation of stock if I am lucky - I got some explanation "our sales exceeded stocks" excuse - Nah!!! they don't say?? Will sit on Mr Duddy's letter till morning as I am really mad and want my wording to be right - if I do it now I might get had for slander?? Not impressed at all with this cowboy company!!

[Captain kaos]

Heres my final post on the matter.

 

I'm not rubbing it in elizabeth1 I can see argos are being real pains with you but I now have my settees and am happy with them.

 

I have accepted £40 in vouchers which will get me a nest of tables to go with the furniture.

 

In conclusion argos is fine for small things that they have instore but I wont bother ordering anything large from them again, its not worth the hassle.

 

Thanks again installspark and good luck elizabeth1

[elizabeth1]

Cap Kaos,

I know exactly what you mean!!! (Today I am not so mad over it!!)

But fancy being held to ransom by this company over a piggin sideboard !!

 

I find it really hard to believe the difference in operations of two compnanies - last year I was waiting for stuff from another Company where I had bought furniture in two sofas and a dining table and chairs - this company told me there was a 10 - 12 week delivery period etc.. which was great I knew from the point of sale when to expect my items and had that time to work with etc..

 

What was funny with the other company was they phoned after week 7 saying my stuff was ready for delivery - I was still decorating and painting my lounge and asked could they give me a fortnight to put paint pots away etc..and they were brilliant just told me to pick a date when to deliver!!

 

So I was so pleased as my sofas where ahead of schedule etc..!!!

 

Maybe Argos ought to take a leaf out of this other companies book and perhaps give customers their "outside" delivery time (latest point they'd expect to deliver) then when we get stuff earlier we believe we had a brilliant shopping experience!! Surely that would allow them to sort their supplier problems out without the customer feeling let down etc.. Better to over estimate delivery times?

 

Like you say vouchers - perhaps someone want a kettle/toaster for christmas?

[madasahatter22]

Hello, just read your post and thought i would offer my insight to your problem. I am a argos home delivery driver and you and all other customers using argos are being constantly lied to. every day i have customers who have waited sometimes upto 3 months for there delivery and are told not in stock? Lies Lies Lies, Argos deliver in your and other customers area about once a week (several if in remote areas) so the lorry will only carry approx 30 deliverys. Hence you wont get your delivery until a lorry is available and has plenty of deliverys in your area to save on fuel costs etc. The warehouse is full of stock (i see it everyday). DHL are the delivery agents for Argos/Homebase & Bedstore & more, it could be there fault. Ive Known Lorrys making Special Deliverys to Argos Management Homes!!!

[locutus]

(psst... I think after 5 years Elizabeth will have recieved her goods... I know there were delays but that would be a little OTT even for Argos!)

 

Good post anyway, it made an interesting read .

[ponypony]

useful info thank you