Argos trying to charge for cancelled order

theonlywayisup

I came this morning expecting the rug to be written off and the op to have another £100 credited for the stress and inconvenience.

Some things take too long to resolve....

Keep_pedalling

Marys wrote: »

Guess I'll wait and see Given that they've failed to collect it for 2 months, I think it may not be so straightforward for them. Time will tell!

Taking action through the small claims court is very straight forward, and if they do so you will almost certainly lose.

agrinnall

Keep_pedalling wrote: »

Taking action through the small claims court is very straight forward, and if they do so you will almost certainly lose.

Especially if the OP is too busy to turn up...

Potbellypig

theonlywayisup wrote: »

i came this morning expecting the rug to be written off and the op to have another £100 credited for the stress and inconvenience.

Some things take too long to resolve....

Do they not know op has a high pressure job!

ElefantEd

Potbellypig wrote: »

Do they not know op has a high pressure job!

Does the OP work at a car wash?

gardner1

I think the OP (who thinks she is 99% in the right) has already decided that the rug isn't going back and that Argos can whistle for the money......but has come on here to check and is surprised that she is 99% in the wrong :rotfl:
And who is now at friends house cleaning dog muck & baby puke off said rug

Blackbeard_of_Perranporth

Things go bump in the night

Marys wrote: »

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.

Blackbeard_of_Perranporth

Don't panic folks, Mary will be back when she applies for her mortgage and it is refused because of a £100 CCJ!

unholyangel

You cancelled the order therefore the rug remains property of Argos and you had no legal authority to treat it as your own by gifting it as you did not have title to the goods.

When you are an involuntary bailee, it means you are in possession of property belonging to another person. When this happens you have a duty to take reasonable care of the goods and to take reasonable steps to trace the owner to return them.

As others have said, you may get lucky and argos may write it off but I suggest if they chase payment that you pay it - unless you want to take the risk of them taking court action and having further monies you'd need to pay in order to settle (due to filing fees etc).

Oh and you can't charge storage - its a rug, not something massive that you'd maybe have to rent a storage unit for so cant be claimed as a loss and it can't be claimed as a debt as there was no contract for you to store the goods setting out the rate that would be charged.

pulliptears

How much did you sell it for?