Ever felt that a big company was bullying you? Argos tried it on with DaC Compliance Officer, Tom Whitbread, but got more than they bargained for…

TOM WHITBREAD AND A CAMERA FROM ARGOS…

I had spoken to Marie earlier, but he denied that a Marie worked there.
   When I told him I was also taping the call – just as he was - and I could play him back the original call, he suddenly became very childish and said; "Because you never told me at the beginning I was being taped, I am going to terminate the call." I reiterated that he was also taping the call and asked what his problem was? He then informed me the delivery date was to be Thursday 28 September.
   Thursday 28 September came and went and I still had not received my delivery, so I phoned the Head Office of Argos in Milton Keynes and asked to be put through to the Customer Complaints department. The switchboard operators ignore your request and put you through to a normal call centre representative and at no time are you told your call is being taped.
   I informed her I was taping the call and preceded to tell her of my complaint. I got the impression that I was talking to a robot and that no action would be taken.
   I then changed tack and called Which Legal Help of which I subscribe for a very low price per year - some of the best money I have spent. The advice I received over just this problem would have cost in the region of £500 to £600 had I gone to a normal, Yellow Pages solicitor.
   They advised me how to compose a letter, which would be appropriate for the situation -including certain words and phrases that had to be used during the course of the letter.
   This letter was sent on 2 October by recorded delivery so that I could check its progress on computer. The letter was delivered the next day, but true to the Argos policy, they did not even reply to the contents. Argos had now held my money since 19 September.
   I checked with the credit card company and they informed me that they had paid Argos the day after the order had been accepted. If I did not receive my goods within 30 days, they would get my money refunded. I told them that I did not want the money, I wanted the goods but they said they could only get the money. After talking to the Which solicitor, I found this statement to be incorrect.
   If your order has been accepted and the credit card company have to regain your monies and then you find you were getting less money than the accepted order was supposed to deliver, the credit card company would have to supply money for you to purchase an equivalent item to that which you had ordered. This is called Loss of Bargain.
    I also spoke to the Trading Standards Officers consumers help line - part of the DTI - and I found them to be quite informative, but they did not have the expertise of the Which solicitor. In fact they

   Within 1 day, I had been contacted by the complaints department of Argos but I was on my way out and would not take their call until I could use a taped telephone. Then I spoke to a lady called Carol.
   After hearing my story, she said she would despatch the camera straight away. I asked about the extra lens and was told that was just a mistake and could not be fulfilled. I told Carol that I was now, with the help of the Which solicitor, ready to submit court papers. I was then told to wait and that she would phone me back - which she did and then offered me the camera and £150 worth of Argos vouchers. I declined this offer as I had quickly checked and found that Argos did not sell the extra lens on its own. I once again said to Carol that I would just submit the court papers.
   Carol then asked if they could phone back the next after checking availability of the item I wanted. The next morning I spoke to another young lady due to Carol being off and I was informed the Nikon Camera Kit was being despatched and would be with me the next day.
   The next day, a courier arrived with a parcel and was surprised when I asked him to open the package in front of me and check the contents. I said I would not sign for the package until I knew the full contents. Being satisfied that I had in fact been sent the complete order, I signed and went indoors to learn how to use my new camera kit.
   The kit is now advertised in the Argos catalogue under its correct number and price. I would advise anyone that if you are correct in what you are doing, do not let a large company frighten you.
   There is always help that you can call on for a reasonable fee, but you have to put in your own work as well. I would also advise everyone to subscribe to Which Magazine and their legal help line as I do. Now I own a Nikon D50 camera kit valued in the Argos catalogue at £549.99 and for which I paid £399.99.
                        Tom Whitbread