Argos Home Delivery

Okell

claire260378 said:

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

1.  What was the date of your LBA?

2.  What deadline did you give them?

3.  When did they ask for more time and how much more time have they asked for?

4.  Did your LBA say that if they didn't respond within your deadline then you would issue a claim and would include the claim fee in the amount you were claiming?

Whether you want to give them some extra time is up to you.  If it's only a week or two, then you might want to accommodate them.  If they want another month I'd suggest that's too long.  I prsume this first cropped up in the middle of February and you contacted them straigt away so it's been going on for three months.  Why do they need any longer?

Have you told them that you will be issuing a claim under s29(2)(a) of the Consumer Rigts Act 2015 which makes Argos responsible for the item until it's been delivered into your physical possession?  It hasn't been delivered to you so you want a replacement or a refund.

Tell that you will be willing to give sworn testimony that what was delivered to you was a bottle of perfume and not an Apple watch.

Remember though that none of this is risk free.  If it gets to court and the judge believes you, you win.  If he doen't believe you, you lose.

RefluentBeans said:

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. 

But the OP does need to wait until the deadline she gave them has passed.

claire260378

Okell said:

claire260378 said:

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

1.  What was the date of your LBA?

2.  What deadline did you give them?

3.  When did they ask for more time and how much more time have they asked for?

4.  Did your LBA say that if they didn't respond within your deadline then you would issue a claim and would include the claim fee in the amount you were claiming?

Whether you want to give them some extra time is up to you.  If it's only a week or two, then you might want to accommodate them.  If they want another month I'd suggest that's too long.  I prsume this first cropped up in the middle of February and you contacted them straigt away so it's been going on for three months.  Why do they need any longer?

Have you told them that you will be issuing a claim under s29(2)(a) of the Consumer Rigts Act 2015 which makes Argos responsible for the item until it's been delivered into your physical possession?  It hasn't been delivered to you so you want a replacement or a refund.

Tell that you will be willing to give sworn testimony that what was delivered to you was a bottle of perfume and not an Apple watch.

Remember though that none of this is risk free.  If it gets to court and the judge believes you, you win.  If he doen't believe you, you lose.

RefluentBeans said:

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. 

But the OP does need to wait until the deadline she gave them has passed.

Hi

I have already issued my claim.

The date of my claim on gov.uk was 26 April 2024 they have requested an additional 2 weeks so are due to reply by 3 June 2024. Yes i reported this to them in February so they have had all this time, they obviously didnt believe me and for that reason didnt look thoroughly into it so now i have issued the claim they are doing digging their end!

When i quoted s29(2)(a) the executive office replied to say "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."

I really dont know if to take to court as they can make me pay their costs cant they? Im hoping they realise im being truthful before it gets that far

PHK

This is a little bit confusing. If you’ve issued your claim then you’ve already started the process of taking them to court. Do you mean you’re thinking of applying to the court to withdraw?

claire260378

PHK said:

This is a little bit confusing. If you’ve issued your claim then you’ve already started the process of taking them to court. Do you mean you’re thinking of applying to the court to withdraw?

My concern is that the court dont believe me and it ends up costing more than the watch, im taking on a big firm that probablyhas their own legal department

claire260378

Okell said:

claire260378 said:

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

1.  What was the date of your LBA?

2.  What deadline did you give them?

3.  When did they ask for more time and how much more time have they asked for?

4.  Did your LBA say that if they didn't respond within your deadline then you would issue a claim and would include the claim fee in the amount you were claiming?

Whether you want to give them some extra time is up to you.  If it's only a week or two, then you might want to accommodate them.  If they want another month I'd suggest that's too long.  I prsume this first cropped up in the middle of February and you contacted them straigt away so it's been going on for three months.  Why do they need any longer?

Have you told them that you will be issuing a claim under s29(2)(a) of the Consumer Rigts Act 2015 which makes Argos responsible for the item until it's been delivered into your physical possession?  It hasn't been delivered to you so you want a replacement or a refund.

Tell that you will be willing to give sworn testimony that what was delivered to you was a bottle of perfume and not an Apple watch.

Remember though that none of this is risk free.  If it gets to court and the judge believes you, you win.  If he doen't believe you, you lose.

RefluentBeans said:

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. 

But the OP does need to wait until the deadline she gave them has passed.

Argos legal team just called me - they are settling my claim! Thank you so much for you help and advice

Okell

claire260378 said:

Okell said:

claire260378 said:

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

1.  What was the date of your LBA?

2.  What deadline did you give them?

3.  When did they ask for more time and how much more time have they asked for?

4.  Did your LBA say that if they didn't respond within your deadline then you would issue a claim and would include the claim fee in the amount you were claiming?

Whether you want to give them some extra time is up to you.  If it's only a week or two, then you might want to accommodate them.  If they want another month I'd suggest that's too long.  I prsume this first cropped up in the middle of February and you contacted them straigt away so it's been going on for three months.  Why do they need any longer?

Have you told them that you will be issuing a claim under s29(2)(a) of the Consumer Rigts Act 2015 which makes Argos responsible for the item until it's been delivered into your physical possession?  It hasn't been delivered to you so you want a replacement or a refund.

Tell that you will be willing to give sworn testimony that what was delivered to you was a bottle of perfume and not an Apple watch.

Remember though that none of this is risk free.  If it gets to court and the judge believes you, you win.  If he doen't believe you, you lose.

RefluentBeans said:

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. 

But the OP does need to wait until the deadline she gave them has passed.

Argos legal team just called me - they are settling my claim! Thank you so much for you help and advice

Well done!  And are they refunding your fees for issuing the claim?  (About £35 I think...)

claire260378 said:

PHK said:

This is a little bit confusing. If you’ve issued your claim then you’ve already started the process of taking them to court. Do you mean you’re thinking of applying to the court to withdraw?

My concern is that the court dont believe me and it ends up costing more than the watch, im taking on a big firm that probablyhas their own legal department

When you sue in what is popularly known as the "small claims court" you generally cannot have costs awarded against you if you lose.

One of the possible reasons that big retail firms are happy to settle on the steps of the court is that they can't recover their legal costs even if they win.  It's not worth defending many claims so it's cheaper to cough up.

claire260378

Okell said:

claire260378 said:

Okell said:

claire260378 said:

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

1.  What was the date of your LBA?

2.  What deadline did you give them?

3.  When did they ask for more time and how much more time have they asked for?

4.  Did your LBA say that if they didn't respond within your deadline then you would issue a claim and would include the claim fee in the amount you were claiming?

Whether you want to give them some extra time is up to you.  If it's only a week or two, then you might want to accommodate them.  If they want another month I'd suggest that's too long.  I prsume this first cropped up in the middle of February and you contacted them straigt away so it's been going on for three months.  Why do they need any longer?

Have you told them that you will be issuing a claim under s29(2)(a) of the Consumer Rigts Act 2015 which makes Argos responsible for the item until it's been delivered into your physical possession?  It hasn't been delivered to you so you want a replacement or a refund.

Tell that you will be willing to give sworn testimony that what was delivered to you was a bottle of perfume and not an Apple watch.

Remember though that none of this is risk free.  If it gets to court and the judge believes you, you win.  If he doen't believe you, you lose.

RefluentBeans said:

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. 

But the OP does need to wait until the deadline she gave them has passed.

Argos legal team just called me - they are settling my claim! Thank you so much for you help and advice

Well done!  And are they refunding your fees for issuing the claim?  (About £35 I think...)

claire260378 said:

PHK said:

This is a little bit confusing. If you’ve issued your claim then you’ve already started the process of taking them to court. Do you mean you’re thinking of applying to the court to withdraw?

My concern is that the court dont believe me and it ends up costing more than the watch, im taking on a big firm that probablyhas their own legal department

When you sue in what is popularly known as the "small claims court" you generally cannot have costs awarded against you if you lose.

One of the possible reasons that big retail firms are happy to settle on the steps of the court is that they can't recover their legal costs even if they win.  It's not worth defending many claims so it's cheaper to cough up.

Yes they have said that they will refund my court fee! 

Okell

Very well done!