Thanks Wales - I think I will send it back, but I can be a bit overly fussy about these things so useful to find out how other people found theirs. It's a bit annoying as I really want to use it, and pretty much every one of my Christmas presents from DH need to be exchanged for one reason or another!
I have a Scaramanger satchel but the front pocket is inside the main part. I haven't had any problems with mine (beside the leather being stiff at first, it's soft now). If your not happy with your bag, send it back for an exchange. The wonky pocket would annoy me if it was my bag.