Argos breach of contract

[installspark]

To keep this as short as possible it has been abridged.

 

Ordered 2 beds on 06/08 through Argos' website total inc their del charge £244.93, email confirmation received 06/08 and debit card was charged 08/08. Delivery times were quoted for bed 1 within 28 days and for bed 2 within 21 days.

 

As no contact had been received by 24/08 email sent to customer services, no reply to email so phoned on 25/08 at 08:00 to be told that they had had "stock issues" with bed 2 but could deliver both beds on 31/08. Email confirmation of this call received 01/09.

 

31/08 delivery crew arrive with bed 1, when asked about bed 2 they say that it's probably on another van (alarm bells start to ring). Call cust services to enquire the whereabouts of bed 2 only to be told that they are not expecting stock to arrive until 13/09 and that basically it was tough luck there's nothing you can do. Was also told that there was no breach of contract as their terms and conditions on the website state in para 2.3

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Returns and refunds).

and that it didn't matter that they had already had payment for the item.

 

Phone call to Trading Standards, who pratically ripped my arm off, gave the advice that by debiting my card on 08/08 the contract could be deemed to have been formed, para 2.3 of their T&C is unfair under the Unfair Terms in Consumer Contracts Regulations 1999 as amended. Also that Argos are in breach of Consumer Protection (Distance Selling) Regulations 2000 as amended by failing to deliver wthin the time period agreed with me and in any event they would not be able to deliver within 30 days, and also in breach of the Supply of Goods and Services Act 1982. Advised to contact Argos again and point these facts out to them. Another call to one of their muppets, having informed them of the above breachs of law and contract, they still deny breach of contract and also they denied any contact from me on 25/09 as "we have no record of this".

 

Letter now received by their CEO, sent Special Delivery, informing him of the attitude of cust service staff, the breach of contract between me and the company, and the breach of law. An offer to settle the breach of contract for 50% partial refund of purchase price of bed 2 was made in the letter. Trading standards are also awaiting the outcome of this letter as they are keen to prosecute Argos.

 

How Argos can think they can get away with this type of practice I don't know but I am not going to let this rest.

 

Will post update when reply received.

[installspark]

Update:

 

Had a phone call from CEO's office. They have admitted that there have been mistakes made and that I should have been informed of stock issues causing the delay to delivery of bed 2, and the subsequent, but unkown to me, reorder of the bed.

 

Surprisingly they can now deliver this bed on Thursday. Would like to know where they've got the stock from as I was told last Thursday that stock wasn't expected until 13/09. CEO's office are going to phone again on Friday to discuss compensation.

[Bookworm]

Some poor sod is probably going to find he's not getting HIS bed delivered on Thursday, so you can get yours, I'd guess

 

Pathetic. The day Index closed doors, Argos' services started going to the dogs...

[installspark]

That could be the reason why I didn't get the bed within the original 21 days.

 

I agree that Argos' level of service has plummeted faster than a lead balloon since Index closed but they should not be allowed to blatantly show no respect for the rights of the consumer and disrespect the law. If they do this to everyone, it's a good way of boosting their profit by additional interest made, rather than charging on dispatch of the goods.

[Bookworm]

Preachin' to the converted here, lol.

[Tigs33]

Sounds like the fun and games I seem to be having with the Co-op, ordered a dyson, twice they fail to deliver, so I cancelled the order, they took the money, promised to refund me, failed to do that, they have "apparently" refunded me again....we will see...

 

Very tempted to write to the trading standards but I want my refund first!!! lol

[installspark]

The bed arrived yesterday morning just after 9

 

Checked the frame was OK and checked the wooden slats were OK and everything seemed fine and dandy.

 

Assembled the frame, came to put the slats on the bed and bolt them to the frame only to find that one one side the holes in the slats don't match the holes in the frame

 

Should be an interesting conversation when the CEO's office phone today.

[installspark]

No phone call received by 4pm yesterday so phoned Argos again. Was told that the person who was meant to call me started at 2pm and it was noted by her that she would phone me before 6pm.

 

6pm came and went without a call so phoned Argos again. After being hung up on by the first muppet (sorry agent) who claimed there were no details on their system, managed to get through to a manager only to be told that the person who was supposed to phone me had now gone home as they finished at 6pm!!!!

 

I am now fuming , not only have Argos breached their contract, I have defective goods not fit for purpose and their staff give hollow promises. Have told the Manager I spoke to that I now expect a phone call on Monday morning between 9 and 10 from a senior manager over and above the person who was supposedly meant to call me on Friday. I am now also going to persue a claim for telephone costs incurred, postage of letter by special delivery and charge for my time wasted which amounts to 16.5 hours spent waiting for deliveries, time spent on the phone and 10.5 hours wasted yesterday whilst waiting for the phone call. This will be on top of the 50% refund I want for the breach of contract.