Argos watch bought but not in box; accused of stealing

DanDare999

diystarter7 said:

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?

What’s that got to do with your original question? I’ll leave you to it as it’s not assisting the OP should they return. 

screech_78

Do Argos even have items on display? 

I have 3 fairly close to me, all are within Sainsburys now and none have items on display. 

DanDare999

screech_78 said:

Do Argos even have items on display? 

I have 3 fairly close to me, all are within Sainsburys now and none have items on display. 

My local one is still in its own shop, has their usually jewellery counter a couple of display TVs on the wall and a few items at the till. 

biscan25

Almost a year ago I bought a Garmin from Argos too when it was on sale (Lower Sydenham Sainsbury's, Garmin 245 music).
When I collected the staff member opened the box in front of me to check that it was in there. I asked why they did this and they replied they have a problem with thefts somewhere in the chain. I expect the OP is a victim of one such theft.

screech_78

DanDare999 said:

screech_78 said:

Do Argos even have items on display? 

I have 3 fairly close to me, all are within Sainsburys now and none have items on display. 

My local one is still in its own shop, has their usually jewellery counter a couple of display TVs on the wall and a few items at the till. 

That’s fair enough, I don’t think there’s many of them left now. All the ones near-ish to me were closed and re-opened inside Sainsbury’s. 

The OP hasn’t been back to clarify anything though so we’ll probably never know. 

LetsGoMets34

Update: my partner did file a chargeback claim which, as of today, has been accepted. Argos spent most of last week doubling down and providing no proof that the watch was in the box when they handed it over, refusing to check any CCTV or tell my partner anything about any investigation they claimed to do. 

While my partner likely won’t feel like it’s safe to touch the money until the 45 days have passed where Argos can dispute it, it’s a relief that, with records of their conversations with Argos’ terrible customer service, the bank is siding with my partner. 

Appreciate people’s replies on this.

eskbanker

LetsGoMets34 said:

While my partner likely won’t feel like it’s safe to touch the money until the 45 days have passed where Argos can dispute it, it’s a relief that, with records of their conversations with Argos’ terrible customer service, the bank is siding with my partner.

Best not to build the hopes up too much - it's standard practice for banks to refund provisionally in this situation (unless it's obviously an entirely vexatious claim) and wait to see if the merchant challenges, which would seem likely based on what you've posted, so this shouldn't be seen as the bank agreeing with your partner, as they've only heard one side of the story so far.

born_again

LetsGoMets34 said:

Update: my partner did file a chargeback claim which, as of today, has been accepted. Argos spent most of last week doubling down and providing no proof that the watch was in the box when they handed it over, refusing to check any CCTV or tell my partner anything about any investigation they claimed to do. 

While my partner likely won’t feel like it’s safe to touch the money until the 45 days have passed where Argos can dispute it, it’s a relief that, with records of their conversations with Argos’ terrible customer service, the bank is siding with my partner. 

Appreciate people’s replies on this.

Banks do not side with anyone, they look at the evidence provided & see if it will fit any chargeback right.
You have not mentioned which one they have used. But hope it is not "Not received" as Argos have proof item was delivered. It does not matter if watch was inside or not (fair or not?) they can prove that your partner took delivery of the order. As far as card regulations go that is all is required.
Also while Argos have 45 days to reject, it can take longer to filter through banks system & you being re-debited.

Biketrials08

Hopefully the charge back sticks, failing that, this is a gps enabled and online device (when paired)? Is it then possible for Garmin to locate it knowing the serial number from the box (assuming it is on there). The difficulty is getting them to assist. 

user1977

Biketrials08 said:

Hopefully the charge back sticks, failing that, this is a gps enabled and online device (when paired)? Is it then possible for Garmin to locate it knowing the serial number from the box (assuming it is on there). The difficulty is getting them to assist. 

Their watches do at least tell their users (if they're logged in via Garmin Connect) what the device serial number is, but I would doubt (even if they can look up the info) whether Garmin would release any personal information without a court order.