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Argos won't give me my item paid for with gift cards

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  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mjm3346 wrote: »
    Argos would not say they have made an error, they have discovered after issue that the gift cards were obtained fraudulently (based on the T & Cs of the game exchanges) and have therefore blocked their use---If someone had paid for goods by a cheque which then bounced before they had collected the goods they would not be getting the goods.
    (Games should be returned to the op)

    But their T&C is that they will not accept (ie enter into a contract)....not that "if it is later discovered it will void the contract". Providing the goods arent stolen (not saying they are! just as an aside), the OP hasnt committed a crime. A contract is free to be agreed between the concerning parties and amended providing both parties agree.

    The fact its the same titles doesnt really mean he's not a consumer. Doing something that makes financial sense does not a business make. To me its just a disclaimer that they are not B2B and will not enter into B2B contracts.

    They need to either complete the contract or put the OP back into the position he was in prior to the contract being formed. Of course since its debatable that two contracts have been formed (one for vouchers and other for ipad), there is also the possibility of him having to source the goods elsewhere (at a reasonable price of course to mitigate his loss) and claiming for any difference under breach of contract.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    mjm3346 wrote: »
    Argos would not say they have made an error, they have discovered after issue that the gift cards were obtained fraudulently (based on the T & Cs of the game exchanges) and have therefore blocked their use---If someone had paid for goods by a cheque which then bounced before they had collected the goods they would not be getting the goods.
    (Games should be returned to the op)
    This is over use of the FRAUD word. Argos have entered into a contract which they think does not comply with their T&C's. As far as I can see, it is still a valid contract for games exchange, albeit one Argos have accepted outwith their own T&C's. They have suffered no material loss. It only becomes fraud if the seller of the game knowingly sells a game with no value - eg a counterfeit, which Argos cannot sell on.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • bb999
    bb999 Posts: 528 Forumite
    NCISROCKS wrote: »
    I pay for gift vouchers with a dodgy cheque and get vouchers, contract concluded. I attempt to use vouchers and the merchant detects a problem and retains them pending investigation. Is that reasonable?

    Argos don't accept cheques! :beer:
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    See, if i think that Argos have obtained goods/money fraudulently......does that then mean I can confiscate the goods and money in question? Hmmmmm......where did I put my handbag.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • texranger
    texranger Posts: 1,845 Forumite
    mjm3346 wrote: »
    Argos would not say they have made an error, they have discovered after issue that the gift cards were obtained fraudulently (based on the T & Cs of the game exchanges) and have therefore blocked their use---If someone had paid for goods by a cheque which then bounced before they had collected the goods they would not be getting the goods.
    (Games should be returned to the op)


    what other dont seem to crasp all the OP has is the word of an Argos Manager and not Argos themselves.
  • Problem OP has walked out of the store with no goods or vouchers. What happens now if the store denies they have his vouchers?
  • texranger
    texranger Posts: 1,845 Forumite
    MeanParent wrote: »
    Problem OP has walked out of the store with no goods or vouchers. What happens now if the store denies they have his vouchers?

    this is why it is important for the OP to contact Argos HQ, which reading the OPs later comments they dont seem to keen on doing which even makes it look more dodgy on the OPs part
  • mcbain
    mcbain Posts: 154 Forumite
    MeanParent wrote: »
    Problem OP has walked out of the store with no goods or vouchers. What happens now if the store denies they have his vouchers?

    As stated I have a normal Argos till reciept for the sale.

    This reciept details the item bought (iPad) , the payment used (various gift cards) & the change issued onto another gift card.

    It is an Argos till reciept for a sale that was completed.

    All that is missing is the 'recieved' stamp Argos put on when they give you your goods. There is no issue with the store attempting to deny the transaction took place.

    As to it being one managers word I have spoken to Argos CS, not HO, who said I must take it up with the store manager.

    The store manager has contacted a security manager who is investigating.
    I believe that the time they have had is adequate to carry out an investigation.
    There is no issue with the games traded in being fraudulent - I have reciepts for all of them (how many others trading games in could say this?)
    There is a thread on games trading on this very website that details all the information about where to buy & sell games.
    The games were accepted for sale & that's that. If I was told that in future I would not be allowed to trade in then that's fair enough. I would certainly not accept any of the games back from Argos - for a start how would they proofs they were the exact same ones I traded in? They will likelyhave passed through the hands of several people since I sold them as Argos sells its pre owned titles online & they get sent from the stores to a central depot.

    I thank everyone forvtheir comments but I was rather hoping for a definitive answer on wether a contract has been formed & not a debate about the ethics of the lead up to going to buy the item.
  • deanos
    deanos Posts: 11,241 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Bit too late now for Argos, you paid and they accepted payment and gave you a receipt, you are in the right OP, good luck hope you get it sorted
  • texranger
    texranger Posts: 1,845 Forumite
    edited 27 November 2011 at 12:36PM
    mcbain wrote: »
    As stated I have a normal Argos till reciept for the sale.

    This reciept details the item bought (iPad) , the payment used (various gift cards) & the change issued onto another gift card.

    It is an Argos till reciept for a sale that was completed.

    All that is missing is the 'recieved' stamp Argos put on when they give you your goods. There is no issue with the store attempting to deny the transaction took place.

    As to it being one managers word I have spoken to Argos CS, not HO, who said I must take it up with the store manager.

    The store manager has contacted a security manager who is investigating.
    I believe that the time they have had is adequate to carry out an investigation.
    There is no issue with the games traded in being fraudulent - I have reciepts for all of them (how many others trading games in could say this?)
    There is a thread on games trading on this very website that details all the information about where to buy & sell games.
    The games were accepted for sale & that's that. If I was told that in future I would not be allowed to trade in then that's fair enough. I would certainly not accept any of the games back from Argos - for a start how would they proofs they were the exact same ones I traded in? They will likelyhave passed through the hands of several people since I sold them as Argos sells its pre owned titles online & they get sent from the stores to a central depot.

    I thank everyone forvtheir comments but I was rather hoping for a definitive answer on wether a contract has been formed & not a debate about the ethics of the lead up to going to buy the item.


    this is why i have suggested you contact Argos HQ direct as they are the ones that can get this sorted for you. if you have a reciept then scan a copy and email it to the contact i gave you as Argos accepted the giftcards but refuse to honour the sale but giving you the ipod.

    this has been discussed on here and it has been agreed Argos are in the wrong, but this forum will not help you get the item off Argos, you need to contact Argos HQ to get this sorted
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