Argos have sold me a used item and refuse to return my money

planningforthefuture

Money_maker wrote: »

Indeed and I managed to return a toy to argos which came from Amazon (little unethical but Amazon didn't deliver on time).

Just wow! You are the exact reason why innocent customers like myself are treated in such an appalling way.

unholyangel

planningforthefuture wrote: »

I will again call Trading Standards on Monday regarding this but do feel that this issue has caused too great a detriment to me that quite frankly the money is now of secondary importance compared to how Argos have treated me.

Unfortunately I expect no favourable outcome as the odds are stacked against me. This is so unjust but cleverly Argos's attempt at resolution calculates the financial risk to me should I decide to buy my pride/dignity/moral belief and take them to the small claims court as to do so would leave me at risk of between £25-£2000 in charges for the deficit of a £35 loss.

Tell them you "weren't emotionally prepared" for it (sorry, running joke from another board)

Okay now for some (hopefully helpful) words. You don't have to go that far yet and even if costs were awarded against you, they'd have to be reasonable and solicitors fees wouldnt be awarded. Then theres also a possibility argos wouldnt defend the claim (too costly for them compared to settling and not defending is not uncommon among big companies with small values like this).

However, before you take them to court, you need to send them a letter before action. Title it as such (Letter Before Action) and keep to the facts. Dont use emotional phrases (such as "i'm upset/angry/disappointed") and personally, I'd stay away from the liar thing. Despite feelings etc (i have been peeved in similar circumstances myself before), when dealing with matters like these its best to put them aside and focus on what the issue is, rather than creating new ones. Stick to the facts and make it as straight to the point as you can.

On x date bought x item for £x. Hour later tried to return it as found one in tesco cheaper (see attached receipt with time stamp). Staff refused the return as item had been used previously. (if you can show theres not enough time for you to have used it, perhaps write a separate sheet and refer to it in your main letter - so as to keep the "main" body of text as simple as possible). I did not/could not (delete as appropriate) use the item and therefore not only am I being denied my contractual right to cancel (as per your refund policy) but I have been provided with an item that does not conform to contract under the Sale of Goods Act and therefore being denied my statutory right to reject the item for a full refund.

If I do not receive a refund within 14 days, I will have no choice but to file a claim against your company and also seek to recover my costs in doing so.

Send it signed for.

Sometimes an LBA on its own (without court action) will bring a result. So may be worth a shot.

arcon5

Just do as said, clean it up and take it to another store complaining its broken.

Tuareg

I don't buy stuff at Argos because the 16 day money back warranty is far too open to abuse.

As a student (MANY years ago) I needed a TV for a week till I got one from home. Bought one from Argos used then put it all back in the box and took it back for a refund. Got money back no questions asked..... found the remote under the settee a month later!

photome

Money_maker wrote: »

Indeed and I managed to return a toy to argos which came from Amazon (little unethical but Amazon didn't deliver on time).

a little unethical or just plain fraud?

if i was OP i would have just cleaned it up and taken to a different argos, there are 3 in the city I live so guessing there would have been another fairly close

teabelly

Did you buy the argos item with a debit or credit card? You may be able to get the card provider to step in and issue a chargeback.

jimmy_cricket

Similar thing happened to me at M&S years ago. Bought a jacket, got it home to find a pocket ripped. Took it back to be accused of wearing it. OK, not exactly the same, but second hand goods... In a very loud voice, said I have not worn, so the alternative is that I have been sold second hand goods, I'm off to trading standards. They decided to refund. I would go with this argument that Argos is passing off second hand goods as new.

shaun_from_Africa

How far do you live from the Argos store? and how long does the journey each way take?

As you revisited the Argos store "within the hour", depending on your total journey time (which may include getting to and from your car), it mighr be worth writing to the head office telling them what happened, giving an explanation of the times involved (including the stop off at Tesco, giving a copy of the receipt to show the time you were there).

Depending on your travel times, you may be able to show that you wouldn't have had enough time to get home, unpack, use and then repack the appliance then get back to the store in under an hour.

redux

planningforthefuture wrote: »

By means of an update Argos have offered to refund £45 on the basis that I keep this 2nd hand item. That is I need to choose to be robbed of £80 or £35. Clearly, given a choice I would rather they stole £35 off me than the £80. I have not however yet accepted as they have not accepted that they sold me a used product or retracted their insinuation that I am a liar/criminal.

We have opened the box today and have since discovered that it has a broken rim. This explains the food in the product as someone has clearly returned this product and Argos have again sold it to me. I will again call Trading Standards on Monday regarding this but do feel that this issue has caused too great a detriment to me that quite frankly the money is now of secondary importance compared to how Argos have treated me.

Unfortunately I expect no favourable outcome as the odds are stacked against me. This is so unjust but cleverly Argos's attempt at resolution calculates the financial risk to me should I decide to buy my pride/dignity/moral belief and take them to the small claims court as to do so would leave me at risk of between £25-£2000 in charges for the deficit of a £35 loss.

I would love to think that justice will prevail but being treated as I have only serves to evidence that this is not always the case.

I'm sure I have zero influence and that in the grand scheme of things my experience with Argos is simply collateral damage which is neither here nor their. I would urge you however to consider my experience of Argos should you decide to ever purchase goods from their store.

I really can't understand the mentality of these people. They've made one blunder in restocking a used and faulty item, and now seem to want to make the situation worse.

They surely can't force you to accept buying a faulty secondhand item at any level of discount. If a car dealer passed off a secondhand car as new, including winding the mileage back a few hundred miles, they would be prosecuted.

I really wouldn't waste any more time on the branch manager. Trading Standards, and Argos head office.

I'd ask Trading Standards about the chances of filing a discovery on Argos to make them produce a log of items they've accepted back for refunds in the previous few days. Of course they may be innocent at the branch on that count; it may have been used at a distribution warehouse before it ever reached the shop.

planningforthefuture

I have again contacted Trading Standards and they have advised me to go ahead with three letters outlining the SGA - which I intend to do.

Thankfully, my bank (First Direct - hooray!) were very understanding and equally appalled at Argos's actions and have agreed to pursue a charge back on my behalf as I simultaneously follow Trading Standards advice regarding the letters.

I appreciate the advice on just returning it to another store but this will not right the wrong of Argos's actions and will only serve to suggest that I have tried to pull a fast one if I get caught out.

Furthermore, Argos have breached my Statutory rights here and I should not be forced into a position of trying to return it to alternative stores just because they behave in such an unethical and illegal way.

Thank you all for your offers of guidance and general support/understanding.