Argos - PS3 Delivery Error

  Thomo1 13:39 26 Mar 07
Locked

Looking for a bit of legal advise really:

8 weeks ago i ordered 2 ps3 from Argos online.
Money was taken at time or purchase and devited from my debit card.

3 weeks ago i rand Argos up and cancelled 1 of them. Was told that was done and that a refund will be charged to my card.
8 days later no refund had been given so i called there CS again and was told that the refund was passed on to HO and they authorised it the day before.
THe following day i called them and cancelled the WHOLE order (effectivly only 1 PS3 as the other 1 had been "cancelled")
The guy on the phone put me on hold for 5 minutes, tapped away on his keyboard and came back to tell me the refund was successful and that the refund would be in my back in 3 working days.

Checked the Monday morning and a refund of £850 had been given back to be. (Not 2 separate £425 tranasctions which i thought at the time to be odd)

Anyhow Friday afternoon when the beggers launched a delivery driver popped by work and delivered me 1 ps3 console.

NOW:

Morally - I should call Argos and notify them of the error and arrange for a courier to come pick the item up.

Legally - what is the score? Who is legally under obligation to contact who, what happens with the goods?
Can they charge my card £425 if they realise the mistake without nofifying me?

As the item was cancelled and a full refund given the contract between myself and Argos has been ended, so which act to be deal with - unsolicited goods, distance selling regs???

So if any of you are legal guru's and would offer some LEGAL not MORAL advise and the situation i would be most appreciative.

If Argos call and ask for the item back then i will return it that isnt the issue here, so please no arguments about disshonesty etc as im not planning on selling the item if they dont call within 5 days, im merely asking who has to contact who and what kind of time scales are we looking at.

Appreciate any advise given in advance.

  SB23 14:31 26 Mar 07

You say that you don't want any arguments about dishonesty etc, and that you would like legal advice, not moral.
In my opinion, there is no discussion.
They've made a mistake, so ring them and explain exactly that, then explain what you would like to do. If you don't, someone will notice at some point. Then it will look dishonest.

  Thomo1 14:42 26 Mar 07

The reason i dont want moral advise is i know that they will get the item back........if eventually.

The reason why i want to know where the buck lies is because if it does not lie with me to contact them then why should i waste money calling there premium rate numbers chasing around for an advisor to arrange collection.

They can have the item back, im not fussed about that, its still sat in the blue bag it was delivered in right hext to my desk now.

  spuds 15:11 26 Mar 07

Legally the goods do not belong to you, an administration error as been made.

You cancelled the goods under the Distance Selling regulations, and Argos as complied with that. Argos would have had 30 days in which to refund your money, but on this occasion that have returned funds promptly, which is a very good customer service point, and Argos what due consideration for that.

Contact Argos about the mistake, and ask them to make arrangements for collection. They may ask you to deliver the goods to your local Argos store. Whatever you do, make sure that you have written confirmation at the time of returning the goods, nothing like having " We never received" at a later date.

  GANDALF <|:-)> 15:38 26 Mar 07

They have made a simple mistake and really on phone call is not a lot to ask from you. Imagine if it was the other way round and you were the person with the loss, you would not be happy if Argos said that they couldn't be bothered to phone you as it would cost 20p. There is a good chance that they will uncover the error and if you have not reported it you could find 3425 stuck on your CC. I think that you are being a bit picky.

G

  urban gorilla 17:18 26 Mar 07

What's the point of keeping it if you're not going to open the box? Surely you're not...are you? :)

  urban gorilla 17:26 26 Mar 07

after losing sleep and wrestling with you conscience then you decide to call them why not offer to purchase it less the cost they would incur in recovering it. Then you'd be a happy bunny with your gleaming new PS3...you won't even have to wait for it to be delivered :)

  PaulB2005 20:24 26 Mar 07

Legally - what is the score? Who is legally under obligation to contact who, what happens with the goods?

You are. Legally you are commiting theft if you don't inform them of the mistake. You have the refund and the goods. You are knowing keeping both. Regardless of who made the mistake it is your legal obligation to inform Argos of the error. If they then fail to do about it that's different but unless you inform them you are commiting theft.

  Totally-braindead 20:38 26 Mar 07

You have to inform them of the error. I have to agree with the others in that if you do keep it it is effectively theft.
It is up to them however to pick it up. You have no obligation to pay for the return.

  Thomo1 09:28 27 Mar 07

Just the short sharp answer to my question i was after.

Thanks to all you other guys for your input, i shall call them today.

Kind Regards

  dommer 11:57 27 Mar 07

In all seriousness...Just keep quiet about it until they get in touch.

sod the legal issues..plead stupidity when they get in touch. If you dont hear anything after a couple of months, sell one to me on the cheap.

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