Argos Sent Me a PS3 - What to do?

felix65

should argos be paying my credit card intrest for this mistake?

as i cancelled in feb and only paid off what i thought i needed to pay of cos i thought argos would have refunded me now im going to pay intrest cos the card not been paid off in full

maxfactor_3

Blah just keep it for 3 months sealed in box, see what happens its their mistake they must be incompetant.Oh but check your cards not been charged.

garethpaul

mpython wrote: »

Thanks Chall for the guidance.
but I would have thought 1 -3 months would have been a reasonable time to expect a company to collect a £400+ item.

I think it's at least 6 months, and then you still cannot do anything with the item after that, as it is still not your property. I believe you have a duty of care to look after the item.

Obviously, there is nothing stopping you (providing you inform them of the fact) from billing argos for storage charges whilst you look after the item until they collect. I think £25 per day is suitable for such a valuable item.

However, I do not think the above applies in this case, providing the OP has proof of cancellation. If so, then these should be classed as unsolicited goods/a gift.

felix65

i just spoke to argos and loads of people are in the same boat ,,they are loads calling saying that they aint been refunded

jammy78

Did you have to sign for it when you took delivery?

If not........ sell it on ebay as they have no proof it was delivered!

vickyj

One short sentance.
"What goes arount comes around"

Lamba

Look if your feeling bad about getting such a nice free gift then just send it too me. PM me and I'll give you an address to send it too :P

mpython

I am shocked by the number of people suggesting the OP keeps the item (unless they're joking in a very deadpan way). I thought this was a MoneySaving site, not a let's defraud people site. What sort of society would we have if everyone took that kind of attitude?

OK, Argos have messed up & they need to put it right but why should Argos be £400 out of pocket for what is most likely a clerical error? Would it be equally OK if the £400 belonged to your mum/ neighbour and somebody had inadvertendly put it through the wrong letterbox? Whilst I doubt that Argos are unlikely to go bust over £400 (or whatever their wholesale cost is), that £400 needs to be re-earned by them from higher prices on other stock, so in effect, all the honest shoppers at Argos would be paying for the OP's imagined windfall.

Garethpaul, I'm not sure you can bill them for storage, unless you are a business that sells storage space (like lost property on the railways) & even then you'd need to declare it as income & pay tax. I think the duty of care is only for as long as what is a reasonable time to keep it for them. So, if after 1/3/6 months, they haven't collected it or said they will collect it & you have informed them of their mistake and told them you will dispose of it, then it is yours to dispose of.

JasonLVC

garethpaul wrote: »

Has anybody thought of taking the stance that they are unsolicited goods?

If a company sends you something that you have not requested/ordered, then these in the eyes of the law are unsolicited goods and are classed as a gift.

It is unlawful for a company to ask for payment for these goods.

So you better check with your bank that you did indeed receive a refund for the cancelled pre-order. A confirmation of cancellation would be handy too. If you have this, then keep the consoles, they are gifts.

Different laws. What you refer to is unsolicited goods, the equivalent of email spam or junk mail. Indeed, if you had not requested it, you can keep it after you have given them notice to collect it at their own cost. They are not unsolicited if there was a contract to supply them in the first instance, which there was.

Although the item was cancelled, the original intent was to be supplied the PS3 and so I doubt very much any court would see this transactions as an unsolicited item in the purest sense as you suggest, it is more a cancelled order that has been erroneously dispatched by the supplier. A court would expect any reasonable person to return such goods, especially if they clearly did not want it as they'd cancelled it. A court could easily suggest that by keeping it, the customer was withdrawing their original cancellation request and re-accepting the terms of the original contract once more (ie, buying it again). There's a chasm between unsolicited and human error.

Stepping outside that argument, OP has received goods for which he has not made payment, which means he does not retain title of those goods -so selling on ebay will be fraud (if caught) and there was a recent law case where an ebayer bought electronic goods using stolen credit cards and then sold those items as his own to ebay buyers. A criminal prosecution ensued and he was charged for theft and fraud. So let's not get too excited about sticking it to the man - selling something you have no title to is illegal.

Unless the OP is a solicitor, they'd be best advised to let Argos know of their error and then leave it with them. A letter giving them 14 days to resolve the matter will be suffice. With luck, OP might get lucky - but rememeber, if you ordered it, cancelled it, recieved it and used it, then an implied contract is there, argos have taken money, refunded money and can easily re-take that money if needs be.

If it was for a bedroom lightshade it's worth arguing the toss with them, but Argos are not going to allow an expensive item to just disappear without a fight - and their audit folks will pick up the error eventually anyway.

Be honest, give them a chance, if they blow that chance, you've a water-tight case for keeping the item. If it goes back to Argos, well, that's life.

blinko

what i suggest keep the item and use it as usual and if and if they ask for it back then send it back other than thatits there problem not yours.