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blockbuster giving a cd rom that does not belong to them

i used to be a blockbuster member but i cancelled, the last disc i had of them was a simpsons dvd, but instead of sending the dvd back, the a sims cd rom was sent my msitake. as soon as we realised, later the same day we spoke to blockbuster and asked form another envolope and explain the situation. the simpsons cd was sent back and we got an email from blockbuster saying that they had recevied the sims, we asked for it back, but they have not sent it back to us, it has been over a month now, my OH spoke to them yesterday and they dont care, they said that they will basically find it in there own time.
my son had only used go the sims disc for his birthday.

has anyone else has this situation??:mad:

Comments

  • Darksun
    Darksun Posts: 1,931 Forumite
    I'd say write to head office, but it's difficult to find a postal address on their website :confused:

    I'm really not sure where you stand on this legally though.
  • sorry i'm confused did you have a Simpson's disc or a Sims disc? they are completely different
  • Hanxx
    Hanxx Posts: 315 Forumite
    Part of the Furniture Combo Breaker
    sorry i'm confused did you have a Simpson's disc or a Sims disc? they are completely different

    I think (from reading the initial post) that the Simpsons disc was rented from Blockbuster, but the OP sent back a disc that they personally owned (The Sims) by mistake, instead of the Simpsons. Now Blockbuster won't give them their Sims disc back, despite the fact that the OP has returned the rented Simpsons disc.

    I can't see that Blockbuster have a legal right to keep your disc. I would write to them and specify a deadline for it's return. If you get no joy from this I would threaten them with legal action (it is debatable whether or not this would be worthwhile following through on). Hopefully it won't be necessary though.
  • Darksun
    Darksun Posts: 1,931 Forumite
    Hanxx wrote:
    I can't see that Blockbuster have a legal right to keep your disc. I would write to them and specify a deadline for it's return. If you get no joy from this I would threaten them with legal action (it is debatable whether or not this would be worthwhile following through on). Hopefully it won't be necessary though.

    Make sure you check exactly what your legal rights in this case are before threatening anyone with legal action though
  • thanks yes you was right hannxx. my OH is going to send a letter to head office, but i am sure that they will do not a lot (putting it nicley).
  • Horlock
    Horlock Posts: 1,027 Forumite
    Why don't you just order the sims from them and say that it went missing in the post?
    If they ever send you yours back then you can send them theirs back - seems simple to me - it's not like you'd be steeling is it.
    There is no intelligent life out there ... ask any goldfish!
  • hjb123
    hjb123 Posts: 32,002 Forumite
    Horlock wrote:
    Why don't you just order the sims from them and say that it went missing in the post?
    If they ever send you yours back then you can send them theirs back - seems simple to me - it's not like you'd be steeling is it.

    Yes but thats being pretty dishonest isnt it - the OP shouldnt have to stoop to that level! After all Blockbuster have something that isnt theirs, they know they have and they should send it back to the OP without the OP having to do anything more!
    Weight Loss - 102lb
  • Hanxx
    Hanxx Posts: 315 Forumite
    Part of the Furniture Combo Breaker
    Darksun wrote:
    Make sure you check exactly what your legal rights in this case are before threatening anyone with legal action though

    I agree entirely. I should have mentioned that really.

    Hopefully the threat of it will do the trick if you decide/need to go down this route though. You don't have to follow through with it.
  • piggeh
    piggeh Posts: 1,723 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    hjb123 wrote:
    Yes but thats being pretty dishonest isnt it - the OP shouldnt have to stoop to that level! After all Blockbuster have something that isnt theirs, they know they have and they should send it back to the OP without the OP having to do anything more!

    Shouldnt have to, but a good idea imo!

    *pictures the call*

    "Hi it's blockbusters, we'd like out Sims back please."
    "Give me mine first, you **s!"
    "Hmmm, ok, we'll just charge you for a replacement against your credit card.."

    maybe not.. :eek:

    Specify a date you'd like it returned, and then see what your legal rights are. I would think they cant be bothered to look for it. Maybe suggest some recompense to pay for a replacement instead.
    matched betting: £879.63
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