Argos Home Delivery

claire260378

On 23 January 2024 I ordered online an Apple Watch to be delivered to my home address as a Valentines gift to my husband. The parcel was delivered by Yodel and I sent Argos POD’s. I paid for the watch using my Argos card.

As it was a Valentines gift I didn’t open the box until a week later and found not an Apple Watch inside but a 100ml bottle of perfume. On receiving the box it did not appear that the packaging had been tampered with so I assumed it was a mistake at the warehouse which would easily be rectified. I rang their helpline and the case was referred to a case worker. She took all of the details and advised me that the warehouse would check the CCTV which I assumed would clear up the matter. 

I was horrified to receive an email from her to say that on checking the CCTV the item picked and sent to me was definitely an Apple watch and that Argos don’t even stock the perfume which I received! How can this be when what I received was a bottle of perfume and If I had any further information she would look at this for me. I was understandably upset. I have asked to see the CCTV and for a senior manager to contact me. I was informed i couldnt view the CCTV as i wasnt in it and they refused to accept i received the wrong item.

I went home and again examined the perfume for any other clues as to what could have happened. On the back I noticed a bar code of 3346503. I thought to type this into the Argos app as 334/6503 and lo and behold the search took me to the Apple Watch which I had ordered! As the watch was a Valentines gift I had no choice but to order another, this time collecting from the store. When I got it home I saw the bar code was identical in number and how it looked. This has made me question whether the CCTV simply picked up the bar code and not the packaging which is a different colour. I have since emailed them this information but sadly received no response from them.

All they keep telling me is to seek legal advice. My fear is that this will cost more than the watch. I have done everything citizens advice told me and they still refuse to budge. I just dont know where to turn to next.

SaverRate

Can you do a chargeback on your argos card? Contact the card provider? Not sure if the Argos card works like a normal credit card or not?

mikb

claire260378 said:

On the back I noticed a bar code of 3346503. I thought to type this into the Argos app as 334/6503 and lo and behold the search took me to the Apple Watch which I had ordered!

That's an interesting observation, and may give some insight into how this scam is working -- it doesn't appear to be a genuine error if Argos don't stock the "other" product you received.

Was the barcode on the perfume a printed part of the box (i.e. unlikely to be tampered) or a stuck on label?

It could well be that someone has discovered that a cheap bottle of perfume has the same approx weight as the watch, and has peeled the barcode off a "watch" box, put it on YOUR box, and then shipped you the perfume while pocketing the watch.

Like the people that swap the yellow stickers around on things in supermarkets ... "Reduced Item 12p" from a dented tin of rice pud with the "Reduced item 2.20" sticker off a part-damaged pack of beers. Of course, I end up with the 2.20 tin of rice pud, typical ...

claire260378

mikb said:

claire260378 said:

On the back I noticed a bar code of 3346503. I thought to type this into the Argos app as 334/6503 and lo and behold the search took me to the Apple Watch which I had ordered!

That's an interesting observation, and may give some insight into how this scam is working -- it doesn't appear to be a genuine error if Argos don't stock the "other" product you received.

Was the barcode on the perfume a printed part of the box (i.e. unlikely to be tampered) or a stuck on label?

It could well be that someone has discovered that a cheap bottle of perfume has the same approx weight as the watch, and has peeled the barcode off a "watch" box, put it on YOUR box, and then shipped you the perfume while pocketing the watch.

Like the people that swap the yellow stickers around on things in supermarkets ... "Reduced Item 12p" from a dented tin of rice pud with the "Reduced item 2.20" sticker off a part-damaged pack of beers. Of course, I end up with the 2.20 tin of rice pud, typical ...

Thank you for your comment, this is my thoughts exactly. The bar code is stuck on but is identical to the bar code on the apple watch. I feel like im going to have to suck it up because all Argos and Argos card tell me is to seek legal advice. They are adamant it hasnt happened in their warehouse.

claire260378

SaverRate said:

Can you do a chargeback on your argos card? Contact the card provider? Not sure if the Argos card works like a normal credit card or not?

I contacted them and they sided with Argos and said to seek legal advice!

Okell

All you can do is write to Argos pointing out that under s29(2)(a) of Consumer Rights Act 2015 (legislation.gov.uk) they were responsible for the watch until it was delivered into your physical possession.  You don't care what evidence they have as to what was sent because your evidence in court - if Argos allow it to get that far - will be that they delivered a bottle of perfume to you.  Tell them that you want either a full refund or a replacement watch - whichever you prefer.

If they don't cough up you'll have to decide if you want to go to the next step* which will be to send them a "Letter Before Claim".  In that letter you'll briefly outline the problem and give them a certain number of days in which to refund or replace.  (eg 21 or 28 days)  You also tell them that if they haven't refunded or replaced by then, you will issue a money claim against them in court for a full refund plus any court fees you've incurred.

If they still don't cough up you'll have to decide if you want to follow through on that threat to sue them**.  Whether you win or lose will depend on whether the judge believes you or not.  It doesn't really matter what Argos say as all that matters is what was delivered to you.  So it'll come down to whather the judge believes you or not.

I think it'll cost you £35(?) to issue a claim.  You can claim that back from Argos if you win.

But bear in mind that nobody can predict what the outcome of a court case will be.  You may win you may lose.

Make a court claim for money: Make a claim - GOV.UK (www.gov.uk)


*Google "Letter Before Claim" and "Letter Before Action" fo more information

**  Even if you reach the stage of issuing a claim many claims don't actually reach court because the defendant prefers to pay up after being notified a claim has been issued

claire260378

Okell said:

If they still don't cough up you'll have to decide if you want to follow through on that threat to sue them**.  Whether you win or lose will depend on whether the judge believes you or not.  It doesn't really matter what Argos say as all that matters is what was delivered to you.  So it'll come down to whather the judge believes you or not.

I think it'll cost you £35(?) to issue a claim.  You can claim that back from Argos if you win.

But bear in mind that nobody can predict what the outcome of a court case will be.  You may win you may lose.

Thank you so much for your detailed response, this is really helpful. I have now put most of this into an email to Sue Riley at the executive office (she fields Simon Roberst e-mails) I think for £35 its actually worth a go. Its principle of being made out to be a liar at this point. 

Okell

Assuming you spent £200+ on something you didn't receive I also think it's worth risking another £35.  You need to check the exact fee schedule on the money claim website.

They might cough up after you email them quoting the law I linked to; if they don't they might cough up after they receive a Letter Before Claim.

Then you can decide whether you want to take it further by issuing a claim

claire260378

Okell said:

Assuming you spent £200+ on something you didn't receive I also think it's worth risking another £35.  You need to check the exact fee schedule on the money claim website.

They might cough up after you email them quoting the law I linked to; if they don't they might cough up after they receive a Letter Before Claim.

Then you can decide whether you want to take it further by issuing a claim

They have replied with

Thank you for your email.

I can confirm our outcome has been given to you and we are satisfied the correct item was delivered.

We are more then happy to liaise with your legal representative on this matter.

claire260378

Well i sent a LBA they have now requested more time! They arent giving in easily, so unfair

RefluentBeans

claire260378 said:

Well i sent a LBA they have now requested more time! They arent giving in easily, so unfair

You haven’t got to wait for them to file the paperwork for the claim.