Argos - Wrong order sent, nightmare

ScorpiondeRooftrouser

unholyangel wrote: »

Perhaps you should pay more attention. OP told us in post #4:

So? They still changed their story.

harrys_dad

unholyangel wrote: »

OP,

They're usually not trained to think of outside the box solutions,.

Priceless!

photome

Taxlala wrote: »

It is :mad:. They sent me that very BBQ by "mistake" that has been on sale for £129.99 previously, when I paid £190 inc P&P for the better specced Deluxe version with better features that was on offer last week and is now not, it really is that bad...

And a £20 refund is reasonable, some here thought. *scratches head* That would have left me paying £170 two days ago for a BBQ that was previously on sale for £130 and is currently on sale for £150. As I said, there wasn't a penny's worth of goodwill in their refund offer, no incentive at all for me to keep the incorrectly sent item, otherwise I'd have saved all the hassle and accepted a reasonable offer.

The £130 price is irrelevant, prices go up and down all the time

Now the price is £150 so definitley worth negotiating more than a £20 refund (it may still have been £170 when you started negotiations)

Taxlala

How can I negotiate when she says £20 is all she can do and she won't come down. It takes willingness on both sides to negotiate, her computer said no, she had to get permission just to refund my original postage??!

And no I have not seen a better clearance offer than the Deluxe for £190, a pathetic and unhelpful insinuation, I'd have been happy with the BBQ I ordered if they had sent the right one.

unholyangel

ScorpiondeRooftrouser wrote: »

So? They still changed their story.

No, they didnt.

They said they had to rip the main box because it was too heavy to lift out. They also in their OP said "boxes". So the two statements the OP made don't contradict each other.

And anyway, your original post quoting mine was saying OP didnt say that until after I had replied which I have proven isn't the case. However my subsequent posts also prove it doesn't matter how the boxes were ripped - they can't insist on the item being returned in the same packaging.

[Deleted User]

Taxlala wrote: »

And no I have not seen a better clearance offer than the Deluxe for £190, a pathetic and unhelpful insinuation, I'd have been happy with the BBQ I ordered if they had sent the right one.

So, why didn't you check the item was the correct one before you assembled it and (definitely) before you ripped and disposed of the packaging?

I don't really know why you keep returning to your thread, almost nobody responding has had any sympathy for your situation which is almost all your own doing.

If you refuse to accept the £20 offered, but do it in the form of a Letter Before Action (LBA), I'm certain Argos will suddenly offer much better terms. Write telling them that £20 is not sufficient "compensation"

naedanger

To the op:

If you are going to take (or threaten to take) Argos to court I suggest you consider claiming for "loss of bargain". As Argos breached the contract they are liable to put you into the position you would have been had the breach not occurred (and not just back to the position you were in prior to entering the contract). So if the cheapest you can obtain that BBQ elsewhere is £260 then consider claiming for that amount rather than just a refund of the £200 you paid.

(Personally I would offer to dismantle and re-package the item as best I could with the remaining packaging, unless I could easily demonstrate this would be a significant inconvenience. If the matter gets to court I would want to appear as a very reasonable person.)

Reference:

"The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed." source: https://en.wikipedia.org/wiki/Robinson_v_Harman

Loss of Bargain

baza52

also claim for "loss of summer" as their BBQ days will be over by the time it gets to court.
If OP has bought patio furniture to sit on while enjoying the BBQ also claim for "loss of use"

In fact, claim for "loss of common sense" as well after not noticing they were building a completely different product until it was complete.

Fergie76

Why are most people getting hung up on the ripped packaging when a refund is not dependent upon returning it in the original packaging, as unholyangel has already said in post 29?

This is all of Argos' doing by sending the wrong item. If I am sent something, unless it was blatantly obvious it was the wrong one, I would assume it was the right one and go ahead and assemble it.

If Argos want it packaged they should send out appropriate packaging for the OP.

wealdroam

naedanger wrote: »

Reference:

"The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed." source: https://en.wikipedia.org/wiki/Robinson_v_Harman

Ah... a quote from wikipedia.

Is that the same wikipedia that you and I and the rest of the world can edit to say what we like?