Argos watch bought but not in box; accused of stealing

Clive_Woody

DanDare999 said:

Clive_Woody said:

DanDare999 said:

Clive_Woody said:

Perhaps a friend could order the same watch from the store and see if it is sealed when they go to collect it....taking a photo as it is handed over by the Argos employee. Might be useful as evidence prior to taking them to court if they claim the watches come sealed but they actually don't.

That would be evidence a watch came sealed. 

It certainly would be if it were indeed sealed, but if as claimed by the OP, it came unsealed then it would serve to support her claim.

How? Argos have already said they're not sealed. Only to retract that, maybe some are some aren't. Their policy on sealed goods already opened and resold would be better. 

According to the OP the manager in question stated "...the manager is NOW saying that the box was sealed when it left the store"

If it's possible to obtain a photograph that shows that this is not always the case then the OP has a much stronger case. Being able to demonstrate that it's quite possible for these items to be sold unsealed supports her story. I admire your faith in Argos having a written policy on the resale of unsealed goods and their willingness to share this if it does exist.

DanDare999

Clive_Woody said:

DanDare999 said:

Clive_Woody said:

DanDare999 said:

Clive_Woody said:

Perhaps a friend could order the same watch from the store and see if it is sealed when they go to collect it....taking a photo as it is handed over by the Argos employee. Might be useful as evidence prior to taking them to court if they claim the watches come sealed but they actually don't.

That would be evidence a watch came sealed. 

It certainly would be if it were indeed sealed, but if as claimed by the OP, it came unsealed then it would serve to support her claim.

How? Argos have already said they're not sealed. Only to retract that, maybe some are some aren't. Their policy on sealed goods already opened and resold would be better. 

According to the OP the manager in question stated "...the manager is NOW saying that the box was sealed when it left the store"

If it's possible to obtain a photograph that shows that this is not always the case then the OP has a much stronger case. Being able to demonstrate that it's quite possible for these items to be sold unsealed supports her story. I admire your faith in Argos having a written policy on the resale of unsealed goods and their willingness to share this if it does exist.

We all know it's quite possible to sell an unsealed item or else there would be nothing on display in any shop unless manufacturers supplied demo only items. 

CardinalWolsey

OP, why don't you go back to the store and see if they have one of these watches on display. If they do, ask the store manager to compare the serial number of the display watch with the serial number that will be on your box. If they match, you have the answer to your problem.

turnitround

CardinalWolsey said:

OP, why don't you go back to the store and see if they have one of these watches on display. If they do, ask the store manager to compare the serial number of the display watch with the serial number that will be on your box. If they match, you have the answer to your problem.

Thats a good idea. Somehow I don't think the OP is going to let us know what they think of the suggestions.

diystarter7

DanDare999 said:

diystarter7 said:

DanDare999 said:

turnitround said:

Jacob_Jones said:

MalMonroe said:

Now it's come down to Argos' staff word versus your partner's word. Do they have CCTV? Would it show that your partner was just given a package without it being checked? Surely that is an Argos failing?

The time on the customer receipt could be used to find the incident on the CCTV watching the till. 

Which will show a box being handed over. OP said they did not open the box in store so what good is the cctv footage.

To go to small claim court the OP would need supporting evidence which they do not have.

Correct and people often confuse the balance of probability against the need for evidence. 

Civil court maybe easier to prove but harder harder to defend. 

the highlighted bit, prove what and defend what?

Your case.

"prove" what/how?

diystarter7

CardinalWolsey said:

OP, why don't you go back to the store and see if they have one of these watches on display. If they do, ask the store manager to compare the serial number of the display watch with the serial number that will be on your box. If they match, you have the answer to your problem.

I believe you have nailed it, Inspector Columbo
Case closed.

DanDare999

diystarter7 said:

CardinalWolsey said:

OP, why don't you go back to the store and see if they have one of these watches on display. If they do, ask the store manager to compare the serial number of the display watch with the serial number that will be on your box. If they match, you have the answer to your problem.

I believe you have nailed it, Inspector Columbo
Case closed.

And if they don’t match?

DanDare999

diystarter7 said:

DanDare999 said:

diystarter7 said:

DanDare999 said:

turnitround said:

Jacob_Jones said:

MalMonroe said:

Now it's come down to Argos' staff word versus your partner's word. Do they have CCTV? Would it show that your partner was just given a package without it being checked? Surely that is an Argos failing?

The time on the customer receipt could be used to find the incident on the CCTV watching the till. 

Which will show a box being handed over. OP said they did not open the box in store so what good is the cctv footage.

To go to small claim court the OP would need supporting evidence which they do not have.

Correct and people often confuse the balance of probability against the need for evidence. 

Civil court maybe easier to prove but harder harder to defend. 

the highlighted bit, prove what and defend what?

Your case.

"prove" what/how?

I thought that would be obviously in this case whether or not the watch was in the box at the time of sale. It’s done by presenting your evidence before a court. 

Clive_Woody

DanDare999 said:

Clive_Woody said:pool 

DanDare999 said:

Clive_Woody said:

DanDare999 said:

Clive_Woody said:

Perhaps a friend could order the same watch from the store and see if it is sealed when they go to collect it....taking a photo as it is handed over by the Argos employee. Might be useful as evidence prior to taking them to court if they claim the watches come sealed but they actually don't.

That would be evidence a watch came sealed. 

It certainly would be if it were indeed sealed, but if as claimed by the OP, it came unsealed then it would serve to support her claim.

How? Argos have already said they're not sealed. Only to retract that, maybe some are some aren't. Their policy on sealed goods already opened and resold would be better. 

According to the OP the manager in question stated "...the manager is NOW saying that the box was sealed when it left the store"

If it's possible to obtain a photograph that shows that this is not always the case then the OP has a much stronger case. Being able to demonstrate that it's quite possible for these items to be sold unsealed supports her story. I admire your faith in Argos having a written policy on the resale of unsealed goods and their willingness to share this if it does exist.

We all know it's quite possible to sell an unsealed item or else there would be nothing on display in any shop unless manufacturers supplied demo only items. 

Indeed we do, but as I said, I admire your faith in Argos having a written policy on the resale of unsealed goods and their willingness to share this if it does exist.

diystarter7

DanDare999 said:

diystarter7 said:

DanDare999 said:

diystarter7 said:

DanDare999 said:

turnitround said:

Jacob_Jones said:

MalMonroe said:

Now it's come down to Argos' staff word versus your partner's word. Do they have CCTV? Would it show that your partner was just given a package without it being checked? Surely that is an Argos failing?

The time on the customer receipt could be used to find the incident on the CCTV watching the till. 

Which will show a box being handed over. OP said they did not open the box in store so what good is the cctv footage.

To go to small claim court the OP would need supporting evidence which they do not have.

Correct and people often confuse the balance of probability against the need for evidence. 

Civil court maybe easier to prove but harder harder to defend. 

the highlighted bit, prove what and defend what?

Your case.

"prove" what/how?

I thought that would be obviously in this case whether or not the watch was in the box at the time of sale. It’s done by presenting your evidence before a court. 

Sorry, but what evidence that can demonstrate the fact the box was open and it was not in the box or are you saying that is your evidence?