Argos trying to charge for cancelled order

Marys

London50 wrote: »

yes time will tell and so will a criminal record

LOL :rotfl: Thanks for expert advice!

agrinnall

If you're so busy with work that you couldn't make a phone call or send an email, where are you going to find the time to attend court when you are summonsed?

Marys

Haha I think we got a few steps before that happens, don't you? But I have to say, I do love how overly dramatic some people can get about a perfect stranger's Argos rug �� I'm going to guess you're not exactly working in a high pressure job and understanding my problem here!

keithdc

Marys wrote: »

Haha I think we got a few steps before that happens, don't you? But I have to say, I do love how overly dramatic some people can get about a perfect stranger's Argos rug �� I'm going to guess you're not exactly working in a high pressure job and understanding my problem here!

You managed to find time to post to this thread (multiple times)

marcarm

You don't need to work a high pressure job to understand there is a process you must follow.

You had been refunded the cost of the rug, therefore the rug belonged to Argos. If you had sold it the money was theirs and not yours, if you follow the process to dispose of the item you must get fair market value for it, and not 'mates rates'.

The fact you gave it away would be 'mates rates', therefore you owe Argos the value of the rug.

Everyone can see your problem, you had a big rug that you were storing for Argos, but you are failing to see the problem that YOU have now, in that you did not follow the process correctly to dispose of the item, and even disposing of the item does not mean the 'proceeds' are yours to keep.

They might write it off, but be warned that they are within their rights to charge you for the item.

Whether this is what you want to hear or not is not relevant, Argos are within their rights to take this further.

This is about landlords and tenants posessions, but the same principles apply

The notice will need to state the following:

where the goods are being kept
where sale of the items will take place
if items are sold, sale and storage costs will be deducted from the proceeds of sale
list the goods that remain
Reasonable time to collect the goods is dependant on the landlord, however 14 days or more is sufficient. As most social landlords cannot afford to store the goods indefinitely, notice should be served as soon as possible but not contrary to any internal policy guidelines.

If all reasonable steps have been taken to contact the former tenant and the notice has expired, landlords can dispose of the goods. If the goods are sold, any proceeds of sale that remain - after deducting storage costs and debt owed to the landlord - must be returned to the former tenant.

If the steps outlined above are not taken, landlords may find themselves open to the former tenant bringing an action for conversion (a civil action for damages for selling or using another person's property). This can be very costly and time consuming so it is important to ensure that the steps above are taken and evidence of doing so is carefully recorded.

pinkshoes

Marys wrote: »

Haha I think we got a few steps before that happens, don't you? But I have to say, I do love how overly dramatic some people can get about a perfect stranger's Argos rug �� I'm going to guess you're not exactly working in a high pressure job and understanding my problem here!

The problem is that although it was delivered in error, you have a responsibility to keep it safe until it can be returned.

Did you WRITE to Argos giving them a deadline by which they need to pick it up? And also stating what would happen if thry failed to collect?

If they then didn't pick it up, you could then sell it and keep the money aside just in case they asked for it or repayment.

They have 6 years to chase you for repayment.

Giving it away was ridiculous. That would not be seen as mitigating losses in this situation.

London50

pinkshoes wrote: »

The problem is that although it was delivered in error, you have a responsibility to keep it safe until it can be returned.

Did you WRITE to Argos giving them a deadline by which they need to pick it up? And also stating what would happen if thry failed to collect?

If they then didn't pick it up, you could then sell it and keep the money aside just in case they asked for it or repayment.

They have 6 years to chase you for repayment.

Giving it away was ridiculous. That would not be seen as mitigating losses in this situation.

As some of the regular posters on here know too well there are many that no matter how many times things are explained to them they still believe that they are in the right and everyone else does not know what they are talking about.
needless to say the OP is yet another one we can place in that group.So OK Op you were right, nothing will happen,your friend gets a free rug, you have your refund and Argos is happy to loose £100 and will not take any action.

Happy now??

foxtrotoscar_2

I know you were expecting deliveries...but what else had you ordered from Argos that could resemble a rug?

shaun_from_Africa

Marys wrote: »

Apparently the return process 'should not inconvenience me in any way' and 'should be within a reasonable deadline', I don't see how they have fulfilled either of the conditions....

So what was the "reasonable deadline" that you gave them? and how and when did you advise them of this?

Fosterdog

How could you have given them a reasonable deadline if you didnt discuss a deadline with them, arranging a collection date is not the same as giving a deadline? Also you now say it's only been two months, that's just 8 weeks, hardly what most people would consider reasonable, especially when it sounds like you gave it away several weeks ago.