Consumer return rights and next steps for wrong products delivered

unholyangel

mrus wrote: »

The phone was without a sim so I’m not sure the SAR request will help? Though can an IMEI number be used to check the phone number in use with it? Again presumably they could contact the holder of the phone if so?

Is there any way I could alert Apple to this because if Argos are saying that it didn’t happen their turf then surely they’re suggesting it’s either me, another customer (which would be their responsibility as far as I’m concerned as surely then there’s a case for negligence) or of course Apple.

Thanks for your help.

You misunderstand what I meant I think. Every time you use that sim (to make a call, text or use data), your network provider log what IMEI was used. Presumably your logs are going to show that not only has the iphone x's imei never been used with your sim, but also that you are still using your old phone or started using another phone after all this happened (if you've already replaced it).

You could certainly try apple and see if they will confirm anything in writing to you. While they may not be able to confirm who it is registered to due to data protection, they may be willing to provide something saying its not registered to you or that it was registered on x date and is still in use.

isabellac

Totally agree with the user above re: contacting Apple, especially with the IMEI number to hand and your Argos receipt as proof of purchase. May be worth going into an Apple store if you have one locally to explain the situation.

It is a known scam that electronics retailers fall foul of that customers will purchase extremely high priced phones (especially Apple devices), open them, replace the original handset with something - not always even a phone - of a similar weight and lesser value and re-seal the box which is not difficult to do despite Apple's plastic outer. The customer then gets a refund of the full value of the handset, having stolen the phone. The retailer is none the wiser as they appear to have a sealed box with the item inside, which they don't bother to check as it would require unsealing it.

Definitely push Argos to check whether this handset has a returns history in their systems, I can certainly imagine it was bought by someone unscrupulous, returned as new and re-sold in error by Argos themselves.

mrus

@isabellac

Thanks for this. I've tried to get this information from Argos and have resorted to asking the same question over and over again to no avail. I've also asked them to confirm the serial number of my purchase in hope this would make them see that the phone was in use for many months before I bought it. They have never replied to either my request for confirmation of the serial number or whether the item has a returns history.

I've now had a reply from my section 75 letter (Argos Card) and it's exactly the same as the response I got from Argos's legal team. Reinforcing that a) they have CCTV so nothing can go wrong and b) if it really is the wrong phone then I have to contact Apple. Which to me is extraordinary.

I'm not sure what to do next. I know I can go to the small claims court and the ombudsman - but would this be successful?
The small claims court would be based on me receiving faulty/ incorrect items. But, legally speaking, would this whole debacle really be covered by this? I fear it would be seen as too complex a case?

If anyone has any further help - I'd be ever so grateful. This has continued to point of ad nauseam. I really thought that they would be more amicable. At least verifying the data on their system.

Thanks in advance.

isabellac wrote: »

Totally agree with the user above re: contacting Apple, especially with the IMEI number to hand and your Argos receipt as proof of purchase. May be worth going into an Apple store if you have one locally to explain the situation.

It is a known scam that electronics retailers fall foul of that customers will purchase extremely high priced phones (especially Apple devices), open them, replace the original handset with something - not always even a phone - of a similar weight and lesser value and re-seal the box which is not difficult to do despite Apple's plastic outer. The customer then gets a refund of the full value of the handset, having stolen the phone. The retailer is none the wiser as they appear to have a sealed box with the item inside, which they don't bother to check as it would require unsealing it.

Definitely push Argos to check whether this handset has a returns history in their systems, I can certainly imagine it was bought by someone unscrupulous, returned as new and re-sold in error by Argos themselves.

unholyangel

mrus wrote: »

@isabellac

Thanks for this. I've tried to get this information from Argos and have resorted to asking the same question over and over again to no avail. I've also asked them to confirm the serial number of my purchase in hope this would make them see that the phone was in use for many months before I bought it. They have never replied to either my request for confirmation of the serial number or whether the item has a returns history.

I've now had a reply from my section 75 letter (Argos Card) and it's exactly the same as the response I got from Argos's legal team. Reinforcing that a) they have CCTV so nothing can go wrong and b) if it really is the wrong phone then I have to contact Apple. Which to me is extraordinary.

I'm not sure what to do next. I know I can go to the small claims court and the ombudsman - but would this be successful?
The small claims court would be based on me receiving faulty/ incorrect items. But, legally speaking, would this whole debacle really be covered by this? I fear it would be seen as too complex a case?

If anyone has any further help - I'd be ever so grateful. This has continued to point of ad nauseam. I really thought that they would be more amicable. At least verifying the data on their system.

Thanks in advance.

Its not a complex case. Its covered by very simple law. You are making a breach of contract claim under the Consumer Rights Act 2015 that the goods were not as described/failed to conform to contract.

No one can tell you whether it will be successful. If you want a free no risk option then do the financial ombudsman route - you can still take legal action afterwards if necessary (and you can do so against the finance provider and the retailer).

In either case (ombudsman or court), it will be you that has to make your case as you are the one alleging they didn't fulfil the contract. Point out what supports your position and what undermines theirs. Perhaps (this is tongue in cheek so to speak) even mention schrodingers cat and how the meaning of it has clearly passed well over the heads of their staff given their claim of cctv of the box as proof of what is in the box.