Should Argos take the blame for my stolen TV?

Q I bought a television and microwave from Argos. I asked for help taking them to the front of the shop to get a taxi, as they were difficult to carry, but I was refused. While I was carrying the microwave to the front of the store, the television was stolen. I was very upset, but received no assistance from the store and decided to buy another television.

I bought all these items on an Argos credit card. I have subsequently tried to get a refund for the stolen television from Argos but have been told that because I received the goods over the counter, they have no liability for the stolen television, even though it was stolen from inside the store. Because I did not buy purchase and payment protection insurance at the time of buying the goods, I am not covered by the credit card. I'm in despair - I am a nanny without a large income and to lose the ?199.99 that the television cost me is a huge amount. Can you help?

HT

Once you have bought and paid for goods the risk of them being lost or stolen passes to you, the buyer. Strictly speaking therefore, the shop is no longer responsible for them once they are handed to you over the counter, especially if they were left unattended in the shop. This rule is rooted in commercial law where it doesn't cause problems because commercial buyers are always insured against this kind of thing. Consumers like us are not so fortunate.

Legal arguments aside, Argos should have offered to keep their eye on your television whilst you carried the microwave to the taxi. Or, at the very least, they could have kept the package behind the counter until you were ready to take it. You could argue that this amounts to negligence on their part. Try writing to the chief executive by recorded delivery and threaten to inform trading standards about this poor trading practice if you don't get a refund.