Fridge delivered to somebody else, Argos won't refund

Hi all. A relative has emailed us asking for some advice on behalf of her friend, I don't have a clue so I'm hoping someone here will be able to offer some advice...

The friend ordered a fridge from Argos to be delivered to her mentally ill brother in his sheltered accomodation. The fridge didn't turn up and when the friend and her brother's social worker contacted Argos, they said it had been delivered. They have checked the signature that was obtained and it isn't her brother's signature. Argos are refusing to do anything about this so they're now a lot of money down and are still without a fridge.

I'm not sure what advice to give as I have no idea what their rights are in this situation. Any help would be very much appreciated :)
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Comments

  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    make a formal complaint with Argos insisting they investigate.

    Then contact your card issue to file a chargeback for goods not received
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Was it bought online? If so just cancel the order under the Distance Selling Regulations (despite what Argos say it hasn't been delivered so the 7 working days to cancel have not yet started) and if they still won't refund then get the card issuer involved to do either a Section 75 refund (credit card) or chargeback (debit card). Then buy at somewhere with reasonable customer service.
  • verandi
    verandi Posts: 166 Forumite
    Part of the Furniture Combo Breaker
    I'm not sure whether it was ordered online or in store, or how it was paid for. I'll ask my relative, she has a copy of the receipt so will get back to you soon as I find out. Thanks for the advice!
  • agrinnall wrote: »
    and if they still won't refund then get the card issuer involved to do either a Section 75 refund (credit card) or chargeback (debit card). Then buy at somewhere with reasonable customer service.

    If it was a credit card purchase then a S75 claim might well fail.
    This is bacause the purchased goods were not intended for the use of the cardholder and there have been a few cases where S75 claims have been refused because of this.
    However, there's no such stipulation for chargebacks.
  • Valli
    Valli Posts: 25,374 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Write to Argos.
    Keep a copy of the letter

    thus:

    On (date) a fridge was ordered (model number/order number) to be delivered to (name address) on (date).

    The fridge has not yet been delivered. We (or whoever) contacted your store on (date) to be told that a fridge had been delivered. This is not the case. We cannot be held responsible for the failure of your driver/delivery team to ensure the fridge was delivered to the correct person/address.

    As you have failed to deliver the fridge and fulfill this order I would like (preferred remedy - either replacement fridge delivered or full refund) to be made by (date; say 14 days from the date you send it).

    Yours sincerely.

    Should this NOT have the desired effect then escalate your claim to their head office; adding in costs for telephone calls and other losses.

    You might also find that Argos would be less than happy were this to become public knowledge - I would be onto my MP and the local rag!
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    I'm not entirely sure how you'd deliver a fridge to the wrong person tbh :huh:

    An item this size and weight will be a 2 man job and a same day load/delivery. How do you unload and deliver a fridge without at some point them checking who they are delivering it to or the recipient not questioning the unexpected item!
  • aldredd
    aldredd Posts: 925 Forumite
    arcon5 wrote: »
    I'm not entirely sure how you'd deliver a fridge to the wrong person tbh :huh:

    An item this size and weight will be a 2 man job and a same day load/delivery. How do you unload and deliver a fridge without at some point them checking who they are delivering it to or the recipient not questioning the unexpected item!

    You say that - we had a large outdoor furniture set delivered the other day (a huge 42kg box). They delivered it to the wrong house, and the occupant willingly signed for it (99% sure he lives on his own). I was only when they got back to the van that they realised they'd delivered to the wrong house!
  • Shelldean
    Shelldean Posts: 2,412 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    arcon5 wrote: »
    I'm not entirely sure how you'd deliver a fridge to the wrong person tbh :huh:

    An item this size and weight will be a 2 man job and a same day load/delivery. How do you unload and deliver a fridge without at some point them checking who they are delivering it to or the recipient not questioning the unexpected item!


    OOO very easy. We live at 123 Noddy court, Toyland road, Toyland. However there is also a 123 Toyland Road, Toyland, and it''s only down the road. Argos delivered us their tv. We wasn't in, so they left it with the neighbours at 234 Noddy Ct. And left us a card. When we arrived home we found the card and was VERY suprised to see the tv. Between us and the nieghbours at 234 we worked out what had happened. People who should've got the TV were climbing the walls. Argos said it had been delivered and signed for by 234. They'd been to 234 Toyland Road who of course denied ALL knowledge. They were VERY grateful when my neighbour and I walked down the road and explained.

    And Argos could've have given a damm, their stance was we delivered and got signature!!!

    Edited to say it was a HUGE tv and would I presume need two to carry it.
  • Oliver14
    Oliver14 Posts: 5,878 Forumite
    verandi wrote: »
    Hi all. A relative has emailed us asking for some advice on behalf of her friend, I don't have a clue so I'm hoping someone here will be able to offer some advice...

    The friend ordered a fridge from Argos to be delivered to her mentally ill brother in his sheltered accomodation. The fridge didn't turn up and when the friend and her brother's social worker contacted Argos, they said it had been delivered. They have checked the signature that was obtained and it isn't her brother's signature. Argos are refusing to do anything about this so they're now a lot of money down and are still without a fridge.

    I'm not sure what advice to give as I have no idea what their rights are in this situation. Any help would be very much appreciated :)
    It sounds to me that you haven't got the whole story.
    'The More I know about people the Better I like my Dog'
    Samuel Clemens
  • PhoenixDF
    PhoenixDF Posts: 113 Forumite
    If Argos are unwilling to provide a refund, tell your "friend" to contact their bank because if the items were paid for via a debit or credit card, then the Bank will be able to dispute the payment via VISA as "items/goods" not recieved.

    The Bank will then usually credit the missing funds to their account within 5-10 working days whilst they carry out an investigation with VISA. However, an investigation can take a maximum time frame of (I think 180 days) where if Argos can prove it was delivered correctly then the Bank will debit the funds back.
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