Argos Order

Okell

@GassObv -  I would go back to Argos and point out three things to them:

1.  s29(2) of the Consumer Rights Act 2015 makes it clear that goods remain the responsibility of the retailer until they are delivered into the physical possession of the consumer.

2.  If the best evidence they have of delivery is a photo of the courier holding the parcel up against your house number, that is actually evidence that they have not delivered it into your physical possession - otherwise they would provide a photo of you holding it against an open door into your house - which is what happens when I accept deliveries.

3.  Rather than certainly losing £250 you will issue a money claim against Argos based on the above legislation and you are confident a court will find in your favour, not Argos'.

There are some posters on here who will argue either (1) that a court has never judicially determined what delivered into the "physical possession" of the consumer means or (2) that because of the increase in online shopping courts will obviously ignore the clear intention of Parliament - and the meaning of the precise words used by Parliament - and inexplicably find that dumping stuff unattended on your doorstep (or taking a photo of a parcel held up against your house number) is delivery into the consumer's physical possession.

Those posters either:

(a) don't understand the English language; or

(b) know nothing about how the courts interpret statutes; or

(c) are retailer's "shills"; or 

(d) are simply bonkers.

By all means try to report it to the police now in order to collect additional ammunition against Argos if you end up suing them, but I think I'd simply go back to them today with the first three points I have numbered 1, 2, 3 above.

If you've taken the trouble to find out what the actual law says - as opposed to Argos' internal procedures - it will only make you seem more reasonable than them if you end up suing them

Baldytyke88

pinkshoes said:

Well either the courier left the parcel and someone stolen it or the courier stole it. Open a police report for the theft.

I'd contact them again saying this is not proof of delivery and is just someone holding a parcel up outside a number. Delivery proof would need to show your door open and accepting the parcel.

An item worth £250 would most certainly require a signature, surely?

They generally take a photo of the person holding the parcel or the doorway.

sheramber

What delivery arrangements did you have for an item worth £250 when you weren't going to be in to receive it?

Alderbank

born_again said:

powerful_Rogue said:

As far as i'm aware, the Argos card is a credit card so S75 applies.

Does not look like a credit card. BNPL store card. So no S75.

https://help.argos.co.uk/help/argos-card-credit-offers

That's a very clear statement.

But the link you have helpfully provided does not agree.

Argos Ltd. is a licenced credit broker and offers a wide range of different ways to pay, including Argos Card, Klarna Pay in 3 and PayPal Pay in 3, but Argos Card itself does not offer BNPL.

Your link above has a whole chapter about s75. It says:

Section 75

Section 75 of the Consumer Credit Act 1974 provides protection for customers making purchases on credit. If you made a purchase using your Argos Card, you will be eligible to make a Section 75 claim in the following circumstances:

Misrepresentation from the retailer or trader
Breach of contract by the retailer or trader
Cost of goods or service is between £100 and £30,000

If you...wish to raise a Section 75 claim for a purchase made using your Argos Card, please contact us on 0345 640 0700 or email us at Customer.Relations@argos.co.uk.

born_again

I was looking at 3,6,12 months to pay, which would fall under BNPL, which at the moment do not fall under S75, as this is something FOS is investigating.

Only danger with S75 & argos suppling the credit is they might have access to the proof of delivery & reject on that basis. Which would have to go to a complaint & let FOS make a judgement 👍

Thanks for looking further

DeathByFluffy

sheramber said:

What delivery arrangements did you have for an item worth £250 when you weren't going to be in to receive it?

I never really understand this argument - life happens, people have to unexpectedly go out or could be called to work etc. 
Sure, sometimes it's possible to plan - but with most retailers not specifying an exact delivery date at checkout it's impossible to expect everyone to be in all the time. 

It's on the courier to make sure the item is left safely or returned to depot if that happens - not the consumer. 

Renfrewman

DeathByFluffy said:

sheramber said:

What delivery arrangements did you have for an item worth £250 when you weren't going to be in to receive it?

I never really understand this argument - life happens, people have to unexpectedly go out or could be called to work etc. 
Sure, sometimes it's possible to plan - but with most retailers not specifying an exact delivery date at checkout it's impossible to expect everyone to be in all the time. 

It's on the courier to make sure the item is left safely or returned to depot if that happens - not the consumer. 

I do. You can very easily rearrange delivery for another day with all couriers I have dealt with. For £250 I'd take a few minutes to do so if something unexpected came up and I had to go out.

sheramber

DeathByFluffy said:

sheramber said:

What delivery arrangements did you have for an item worth £250 when you weren't going to be in to receive it?

I never really understand this argument - life happens, people have to unexpectedly go out or could be called to work etc. 
Sure, sometimes it's possible to plan - but with most retailers not specifying an exact delivery date at checkout it's impossible to expect everyone to be in all the time. 

It's on the courier to make sure the item is left safely or returned to depot if that happens - not the consumer. 

For an item worth £250 , If nothing else,  a note  on the door with a safe place-  back door? Neighbour? - would suffice. 

Okell

sheramber said:

DeathByFluffy said:

sheramber said:

What delivery arrangements did you have for an item worth £250 when you weren't going to be in to receive it?

I never really understand this argument - life happens, people have to unexpectedly go out or could be called to work etc. 
Sure, sometimes it's possible to plan - but with most retailers not specifying an exact delivery date at checkout it's impossible to expect everyone to be in all the time. 

It's on the courier to make sure the item is left safely or returned to depot if that happens - not the consumer. 

For an item worth £250 , If nothing else,  a note  on the door with a safe place-  back door? Neighbour? - would suffice. 

Wouldn't leaving a note on the door giving details of where the "safe place" is that the courier should leave the delivery sort of... er... defeat the purpose of leaving a delivery in a safe place?

sheramber

Okell said:

sheramber said:

DeathByFluffy said:

sheramber said:

What delivery arrangements did you have for an item worth £250 when you weren't going to be in to receive it?

I never really understand this argument - life happens, people have to unexpectedly go out or could be called to work etc. 
Sure, sometimes it's possible to plan - but with most retailers not specifying an exact delivery date at checkout it's impossible to expect everyone to be in all the time. 

It's on the courier to make sure the item is left safely or returned to depot if that happens - not the consumer. 

For an item worth £250 , If nothing else,  a note  on the door with a safe place-  back door? Neighbour? - would suffice. 

Wouldn't leaving a note on the door giving details of where the "safe place" is that the courier should leave the delivery sort of... er... defeat the purpose of leaving a delivery in a safe place?

ASL delivery driver to take note off door and it through letter box. 

But , for an item worth £250, leaving it to be left on the doorstep  is not safe.