Argos trying to charge for cancelled order

Marys

Hi all,
Hoping someone can help me with this:
I placed an order with Argos back in August (a rug that cost over £100). However, I then found a better deal elsewhere and so immediately called Argos to cancel. The order was successfully cancelled and my money refunded.
A few days later, a delivery man turned up on my doorstep with the very order I had cancelled. I did not realise what it was at the time (I had just moved into an unfurnished flat and was ordering quite a few different things) so I signed for it.
Someone from Argos called me about an hour later as they realised the cancelled order was delivered after all. They agreed to send someone to collect it and take back to them within 2 weeks (I don't drive and the thing is massive).
However, nobody ever turned up and as the thing was taking up much needed space in my flat I eventually got rid of it after about a month.
Today, 2 months later I suddenly get an email from them telling me to get in touch about this order 'to avoid a recharge.' :mad:
I am really annoyed as none of it was my fault and they have been so incompetent.
Can they legally do this? Also, can they actually recharge? (I do have a store card with them but this order was placed through PayPal).
Thanks in advance for your help.

bris

What do you mean "you got rid of it"? You were an "involuntary bailee" of the item, you can't just get rid of it so unless you sent it back you are due the cost of the goods.


I do however find it hard to believe you would simply get rid of a £100 rug so there is obviously a bit more to this than you are letting on.

Marys

Hi, I gave the rug to a friend - I didn't need it anymore and couldn't post it back (we are talking about a very big and heavy item here, not something you can just take to post office). It doesn't seem right that this is my responsibility now since I cancelled the order before it was dispatched and I made it available for them to collect.
Surely I am not expected to store a massive item for months for them???

k3lvc

Marys wrote: »

Surely I am not expected to store a massive item for months for them???

It's an interesting point but unlikely to be one they're interested in arguing. You signed for the package and now they're expecting you to pay

Marys

I have gathered that they are expecting me to pay - what I am interested in finding out is whether they are legally able to do anything given that the item was cancelled and that I then made the item available for them for collection but they didn't turn up.

Merlin139

Marys wrote: »

I have gathered that they are expecting me to pay - what I am interested in finding out is whether they are legally able to do anything given that the item was cancelled and that I then made the item available for them for collection but they didn't turn up.

You signed for it and then disposed of it. You are required to pay for it.

You should have made repeated attempts to get them to pick up the item. If this should happen again then send them a registered letter giving them an opportunity to pick it up before X date. Advise if they fail to pick up by X date you will dispose of said item.

London50

Can I sell items delivered incorrectly to me?
Yes, but it's quite a process.

You must try to contact the company twice in writing, following a set procedure.

Even after you've sold the items, it'll be at least six years before you can spend the dosh. During that time the original owner can still claim the money back from you.

Marys

Hi, do you know where this 'set procedure' is available to read? I am interested in finding out the legalities of it - where are you getting your information?

pramsay13

Send them a bill for storing the rug that just happens to amount to the cost of the rug.

Marys

pramsay13 wrote: »

Send them a bill for storing the rug that just happens to amount to the cost of the rug.

What a great idea :rotfl::rotfl:

elsien

Marys wrote: »

Hi, I gave the rug to a friend - I didn't need it anymore and couldn't post it back (we are talking about a very big and heavy item here, not something you can just take to post office). It doesn't seem right that this is my responsibility now since I cancelled the order before it was dispatched and I made it available for them to collect.
Surely I am not expected to store a massive item for months for them???

Did you contact them any further in the month before you gave it away to rearrange the collection? If you didn't then you were far too hasty in giving it away.