Argos.co.uk order (sofa now discontinued)

[help_me_please]

Please advise me folks - I know Argos are morally in the wrong, but what are the legalities?

 

I ordered a recliner, half price in their sale - it was advertised on the site as 'in stock for home delivery' - I chose the latest possible delivery date as it suited me (due to move house), more than 30 days ahead. Heard nothing (no email whatsoever) until I called them a week later - yes they had the order. Then a few days later an email arrived laden with the usual caveats about order may be cancelled if they so wish, which I took no heed of, not expecting issues. (I do now wonder if I am the victim of them finding stock for someone who probably ordered after me).

 

About 2 weeks after ordering (I do have dates, just keeping this vanilla, so that they don't know who I am), I got a call about a delay - I politely accepted with only one question "will I definitely get the sofa", to which I was reassured with a firm yes.

 

Around 4 weeks from ordering (2 weeks from the call) I decided to ask for an update - it took nearly a week for them to reply; (in summary) sorry for the delay, sofa discontinued, select an alternative (for same price) or send us more money! To say I was annoyed/gutted would be an understatement!

 

I asked by reply about alternatives & got a call to say that the one I mentioned was also out of stock (yet their site lead me to belive it was 'in stock' - she was 'looking on another system'). I have found them quite curt throughout - I asked them to supply an alternative & she said they needed catalogue number! (I 'politely', i.e. struggling not to swear, pointed out that I do not know their catalogue off the top of my head!)

 

Their 'offer' was to give me £30 off the difference - I would end up paying around 80% more for a sofa not as good as that ordered! With asking to talk to successive managers this improved to £50 then £80 - still meaning I pay more for less or I foot well over half of the difference for the same sofa in a different colour! The next call back (from an 'executive') never happened.

 

They keep calling, even though I have stated that I work & email is easier for me. They keep making the same £80 offer. They are insistent that no contract has formed & that they are doing me a favour!

 

I can't find a specific point in any law about contract forming when money taken, but I do believe that their first call clearly showed that acceptance had already happened.

 

I feel that worn down that I am tempted to back down & cancel the order (they are effectively making the £80 offer & refusing to refund my money unless I cancel the order, which I really don't want to do as I guess it kills my case against them - I feel browbeat into doing something I don't want to do).

 

Help!

Edited August 18, 2012 by help_me_please
typo

[BazzaS]

Have they taken money from you / your card?

Or do they have your card details but have debited no money?.

 

If they haven't taken any money yet, then you are on less firm ground. If they have taken money then the contract HAS been formed, though it would be useful to see the relevant terms from their e-mail, and to wonder if you were given those terms (or the opportunity to read them) prior to them taking your money......

[rebel11]

Hi help

 

Welcome to CAG

 

Here's some info:-

 

http://oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

[help_me_please]

The email says "We've charged this order to your card, authorisation number . If we cannot accept your order for any reason we'll provide a full refund to your card.

" - it was sent 12th July & money shows a transaction date on my CC of 10th July. It also says "ORDERS ARE ACCEPTED SUBJECT TO OUR TERMS AND CONDITIONS.

(argos.co.uk/static/StaticDisplay/includeName/TermsAndConditions.htm)"

 

I have had to remove parts of the liink.

[renegadeimp]

You have a couple of choices now.

 

Follow their instructions and not be satisfied

Get a full refund

Perform a full chargeback to your card

Send them a full complaint or lba

[ashmk]

Once upon a time I brought a sofa from Argos. It was a total waste of money. Total carp. There is a reason they are cheap.

 

My advice. Take the refund and think yourself lucky you have been blessed with this way out.

[help_me_please]

Am I not right in thinking that I am entitled to compensation?

 

The whole thing is further complicated by the use of a voucher (I bought extra items to qualify for a higher voucher spend - I saved £50 instead of £20 by buying less than £30 worth of extra items - never would have bought them at full price - they were delivered about 4 weeks ago).

 

What a mess - I hate Argos! Have used them for years with little issue - never thought they could be such a useless shower of ...

[renegadeimp]

One things for sure. You are entitled to a full refund. As for compensation, unless they admit defeat and do it as a gesture of goodwill, you will have to be prepared to fight for it.

[help_me_please]

If fight for it means keep refusing their offers & keep chipping away, then bring it on. If it means risking my house in a protracted legal battle, no thanks.

 

I have always felt that big companies get away with these farces because there is no legal president - I have always feared going to 'the small claims court' as having read up on it, it is really a track, one which you have no certainty of using - should it be reviewed & deemed too complex, you could end up in the main track, with costs becoming an issue.

[help_me_please]

IMPORTANT UPDATE: Seems that Lazarus can rise - they have managed to secure stock of the previously discontinued/unavailable item!

 

I can't thank this forum enough - I think that without it being here, I would have folded & cancelled the order. It just goes to show that the pattern mentioned in the various threads on this sub forum is true - if you complain long enough & loud enough, they try shafting some other poor bugger, giving you their item, in the hope that he won't complain.

 

ashmk, your words still echo - watch this space, I may be back with a SOGA thread!

[rebel11]

Hi help

 

Excellent news- keep us posted. When you get it, check it over with a 'magnifying glass'. I'd like to know where it's come from.

 

IMPORTANT UPDATE: Seems that Lazarus can rise - they have managed to secure stock of the previously discontinued/unavailable item!

 

I can't thank this forum enough - I think that without it being here, I would have folded & cancelled the order. It just goes to show that the pattern mentioned in the various threads on this sub forum is true - if you complain long enough & loud enough, they try shafting some other poor bugger, giving you their item, in the hope that he won't complain.

 

ashmk, your words still echo - watch this space, I may be back with a SOGA thread!

[ashmk]

I look forward to an update

[help_me_please]

Despite the email Tuesday saying it would be delivered as originally arranged, 6 hours spent waiting & NOTHING!!!

 

I used to love argos, recommended them (admittedly not for furniture) manys a time & never generally had much issue (except with furniture). NEVER again!

[rebel11]

Hi Help

 

Write a Formal Letter of Complaint, mark it as such. Explain whats happened, how they have let you down (promising delivery - out of stock - promise delivery - non delivery).

 

Sent it to:-

 

John Walden, Managing Director

[email protected]

 

Some tips:- http://www.dailymail.co.uk/femail/article-1242161/How--write-letter-complaint.html

[renegadeimp]

Might be worth informing watchdog, or even the press.

[help_me_please]

Thanks guys - I have threatened them with everything including TS, but still they don't give a...

 

The official complaint to the top seems good (I had actually tried to google such an address a few weeks ago, with no luck).

 

PS rebel11 I notice you said when, not if, you get it in post 11, so I think you are the scud! LOL