Argos sent me a broke and wrong tv

Grumpy_chap

It is a bit odd that someone at some point in time tried to remove the serial number label from the old TV.
Is there some way that the serial number can be linked to the rightful owner?  Maybe through product registration / guarantee registration?
If so, it is possible that the serial number can be viewed through the on screen menus.
That might be the OP's get out of jail free card. 
The OP is Charliestaff at Charliestaff's House, Charliestaff Street, Charliestafftown, Charliestaffshire.
If the TV is registered to Jo Bloggs, Jo's House, Blogg Street, Jo Town, Bloggshire that proves that someone did a switch at some point in the process.

Ergates

Charliestaff said:

I only include that much information about the tv because I thought maybe someone’s had the same issue and maybe it’s a factory error and I don’t know the wrong ones were put into the wrong box

The most likely way it's happened it that someone has done what Argos are accusing you of.  They bought a new TV (the one you ordered), then immediately put their old (broken) one in the box and returned it.  It wasn't properly checked before being put back into the warehouse.

Ergates

harz99 said:

First question - was the box still factory security sealed, if it wasn't, or the box was damaged, you shouldn't have accepted delivery...unless possibly you were buying a refurbished "open box" product. 

Other than for hygiene reasons, there is no real reason to refuse a box that isn't "factory sealed".  If we expect the right to return goods for "change of mind" reason within 14 days, then we have to accept that we may get something that someone else has changed their mind about.

Charliestaff

The box was fine other than the top being dipped in, nothing made me think there was the wrong tv in the box. The tape on the box etc looked fine I mean I really didn’t ’investigate it’ and being truthful I’m a really slow person and even when unboxing the tv I didn’t notice anything until I was putting the stand on, I don’t know what 65” is so didn’t expect it to look any special way other than a tv. Argos have said they’re investigating it. I’m just gutted this has even happened.

Grumpy_chap

Well, the broken Hitachi is clearly not your old TV - shown in the photo next to the box.  
Someone has obviously swapped what should be in the box for the broken Hitachi.
The challenge the OP has is getting Argos to accept that this was not them

MeteredOut

Grumpy_chap said:

Well, the broken Hitachi is clearly not your old TV - shown in the photo next to the box.  
Someone has obviously swapped what should be in the box for the broken Hitachi.
The challenge the OP has is getting Argos to accept that this was not them

Legally, the challenge is for Argos to prove it was the OP who swapped the TVs over.

The challenge for the OP is getting Argos to accept that.

Charliestaff

how to I prove that? I mean I’ve got a photo of when the tv was unboxed (the sticker) a video of the box the tv and obviously my tv in the back ground I’ve also got the time stamps on my
phone of when it was unboxed etc. I asked if I could return it to them myself (I have an autistic 6 year old this new tv was amazing this morning I’ve been dealing with meltdowns now he’s realised we don’t have a new tv) but they refused me to even return it 

Hoenir

Charliestaff said:

I would like a tv, it’s the fact I’m waiting a week for it to be collected and a further 2 weeks for the replacement that’s upsetting me and having them accuse me of the hitachi being my tv. 

If I went for the refund I’d still be waiting the equivalent time

Argos need time to perform their own thorough investigations. As somebody has committed a criminal offence.  No doubt there controls within the supply chain that will isolate what has occurred. There's no shortage of people that will happily lie to gain financial advantage. Always has been always will be. 15 working days isn't an excessive wait for the matter to be resolved.  

HillStreetBlues

Charliestaff said:

how to I prove that? I mean I’ve got a photo of when the tv was unboxed (the sticker) a video of the box the tv and obviously my tv in the back ground I’ve also got the time stamps on my
phone of when it was unboxed etc. I asked if I could return it to them myself (I have an autistic 6 year old this new tv was amazing this morning I’ve been dealing with meltdowns now he’s realised we don’t have a new tv) but they refused me to even return it 

You can't prove a negative.
You will either have to get Argos to refund, or your card company.
With Argos if they do refuse to pay then take them to court, I expect they will pay up before it goes that far.

Ergates

Depending on how "tight" their stock systems are - it may be possible that Argos can track if this box was previously delivered to a different customer who returned it.

Another possible avenue - couriers sometimes weight packages before accepting them.  Not sure if they do this for big items or for items from retailers.   But - if they did weigh it, there should be a discrepancy between what the box weighed and what it should have weighed.

However - fundamentally - these are Argos' problems.  All you can do is provide the evidence you have (the box, the incorrect TV and the pictures/videos which include your old TV).  If Argos refuse to budge then court action is your final resort.