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  • FIRST POST
    • Tarkus
    • By Tarkus 24th Dec 17, 10:49 PM
    • 8Posts
    • 1Thanks
    Tarkus
    Halfords - Loss of Bargain Complaint
    • #1
    • 24th Dec 17, 10:49 PM
    Halfords - Loss of Bargain Complaint 24th Dec 17 at 10:49 PM
    Sorry for this is long post but I'm looking for some helpful guidance.

    Early on 21st Dec, I bought a Karcher K4 Pressure Washer from Halfords in Nottingham which they price matched against Homebase who were selling them for a reduced price of £75 however, there was no stock in my area but there was at Homebase in London. Halfords price was £199.

    At the time of the purchase both of Halfords web sites (desktop browser & mobile site) were showing the same Price Match terms and they did not have any distance clause in them, it just said 'The competitor must be based in the UK and sell to direct to customers (I have a copy).!

    At approx 11am on the 21st Dec Halfords updated there browser website to include a 30mile radius clause however, they did not change their mobile site terms, these did not get updated until sometime on the 23rd Dec. Prior to this, I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone.

    When I was contacted about my order I stated that I will be expecting Halfords to Price Match based on the terms as displayed on their mobile site, but the store refused to price match stating that the 30mile clause applied. I explained that the mobile site contained no such clause and offered to show them but they still refused to honour it saying that they had been told by Head Office to not Price Match unless within the 30mile radius.

    I've raised a case with Halfords Customer Services and I'm reviewing persuing a case for Breach of Contract in respect of Loss of Bargain as they refused to allowed me to complete my purchase by failing to honour their Price Match terms as displayed on their mobile site which had not been ammended at the time of me wanting to omplete my purchase of them.

    Halfords have clearly got caught out by the demand for Price Matches on these due to Homebase selling out fast and have tried to move quickly by changing their terms to limit the loss of profit, but it seems many others have also been denied a legitimate Price Match by Halfords refusing to aknoledge the terms which remained without a 30mile clause on their mobile site.

    Do you think I would I have a valid claim
Page 1
    • Fosterdog
    • By Fosterdog 24th Dec 17, 11:18 PM
    • 3,550 Posts
    • 6,104 Thanks
    Fosterdog
    • #2
    • 24th Dec 17, 11:18 PM
    • #2
    • 24th Dec 17, 11:18 PM
    No claim at all, you made an offer to purchase and they declined your offer, no contract was formed so no contract was breached.

    You got greedy and got caught.
    • Johno100
    • By Johno100 25th Dec 17, 3:02 AM
    • 3,369 Posts
    • 3,746 Thanks
    Johno100
    • #3
    • 25th Dec 17, 3:02 AM
    • #3
    • 25th Dec 17, 3:02 AM
    At approx 11am on the 21st Dec Halfords updated there browser website to include a 30mile radius clause however, they did not change their mobile site terms, these did not get updated until sometime on the 23rd Dec. Prior to this, I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone.
    Originally posted by Tarkus
    Pull the other one it's got Christmas bells on it. Re-sale on Ebay no doubt and make a nice quick profit.
    • NotRichAtAll
    • By NotRichAtAll 25th Dec 17, 11:26 AM
    • 697 Posts
    • 527 Thanks
    NotRichAtAll
    • #4
    • 25th Dec 17, 11:26 AM
    • #4
    • 25th Dec 17, 11:26 AM
    I decided to order another 3 Pressure Washers for Christmas presents using Click and Collect via my phone
    No one will believe this statement imo
    • steampowered
    • By steampowered 25th Dec 17, 12:25 PM
    • 2,064 Posts
    • 1,939 Thanks
    steampowered
    • #5
    • 25th Dec 17, 12:25 PM
    • #5
    • 25th Dec 17, 12:25 PM
    A contract is usually only formed once you pay for the item and collect it.

    If you had paid for these items at the full price, you might have had a case for claiming a refund of the difference.

    If you did not collect and pay for the items, I don't think a contract was formed, so you have no claim. The most you could do would be to complain to the Advertising Standards Authority but that wouldn't get you compensation.
    • deannatrois
    • By deannatrois 25th Dec 17, 7:14 PM
    • 4,978 Posts
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    deannatrois
    • #6
    • 25th Dec 17, 7:14 PM
    • #6
    • 25th Dec 17, 7:14 PM
    Looks like you will be driving to Homebase in London if you really want the pressure washers at that price.
    • marliepanda
    • By marliepanda 27th Dec 17, 2:49 AM
    • 5,008 Posts
    • 10,153 Thanks
    marliepanda
    • #7
    • 27th Dec 17, 2:49 AM
    • #7
    • 27th Dec 17, 2:49 AM
    Three last minute pressure washer Christmas presents! You couldn’t make it up...
    Survey Earnings 2017 - £163
    • Diamandis
    • By Diamandis 27th Dec 17, 8:38 AM
    • 131 Posts
    • 224 Thanks
    Diamandis
    • #8
    • 27th Dec 17, 8:38 AM
    • #8
    • 27th Dec 17, 8:38 AM
    Not a chance.

    It previously said the price must include delivery anyway. There was no stock at homebase for you to actually get delivered, right?
    • NotRichAtAll
    • By NotRichAtAll 27th Dec 17, 10:30 AM
    • 697 Posts
    • 527 Thanks
    NotRichAtAll
    • #9
    • 27th Dec 17, 10:30 AM
    • #9
    • 27th Dec 17, 10:30 AM
    Were your friends disappointed on xmas day not getting there pressure washers
    • Tarkus
    • By Tarkus 27th Dec 17, 6:50 PM
    • 8 Posts
    • 1 Thanks
    Tarkus
    Thanks for all your informed responses so far. Fortunately I don't need profit derived from eBay sales to sustain my living standard and no, all my friends and wern't disappointed that they never got one of these, that said there is still a point of principle and possibly law to be challenged here.

    As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"
    • worried jim
    • By worried jim 27th Dec 17, 6:56 PM
    • 8,859 Posts
    • 13,573 Thanks
    worried jim
    Thanks for all your informed responses so far. Fortunately I don't need profit derived from eBay sales to sustain my living standard and no, all my friends and wern't disappointed that they never got one of these, that said there is still a point of principle and possibly law to be challenged here.

    As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"
    Originally posted by Tarkus
    Crack on, let us know what happens.
    "Only two things are infinite-the universe and human stupidity, and I'm not so sure about the universe"
    Albert Einstein
    • unholyangel
    • By unholyangel 27th Dec 17, 7:03 PM
    • 11,719 Posts
    • 8,889 Thanks
    unholyangel
    Thanks for all your informed responses so far. Fortunately I don't need profit derived from eBay sales to sustain my living standard and no, all my friends and wern't disappointed that they never got one of these, that said there is still a point of principle and possibly law to be challenged here.

    As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"
    Originally posted by Tarkus

    If you are quoting something, its much more helpful to include a link to the page you are quoting from as its very easy to misunderstand the context of something (especially where law is concerned).

    But I think it goes without saying (or at least it should) that in order to have a claim for breach of contract, a contract actually needs to exist.
    Money doesn't solve poverty.....it creates it.
    • steampowered
    • By steampowered 27th Dec 17, 7:58 PM
    • 2,064 Posts
    • 1,939 Thanks
    steampowered
    there is still a point of principle and possibly law to be challenged here.
    Originally posted by Tarkus
    This is not a new principle or a new point of law. These sorts of cases have been litigated before the courts for centuries. The very clear outcome is that you can't sue someone for breach of contract if you don't have a contract.

    As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"
    "Loss of bargain" damages are a type of damage for breach of contract. You need a contract to claim them!!!
    • Tarkus
    • By Tarkus 4th Jan 18, 6:22 PM
    • 8 Posts
    • 1 Thanks
    Tarkus
    By way of an update, After a long an protracted exchange, Halfords have now conceded that they were wrong, apologised for their actions and offered 2 units at the matched price as way of closure. Based on the fact I ordered 3, I believe this to be a good outcome without the need for ADR or Court action and reinforces that if you persist, you can achieve a mutual outcome.
    • k3lvc
    • By k3lvc 4th Jan 18, 6:43 PM
    • 1,989 Posts
    • 3,190 Thanks
    k3lvc
    By way of an update, After a long an protracted exchange, Halfords have now conceded that they were wrong, apologised for their actions and offered 2 units at the matched price as way of closure. Based on the fact I ordered 3, I believe this to be a good outcome without the need for ADR or Court action and reinforces that if you persist, you can achieve a mutual outcome.
    Originally posted by Tarkus
    Bet your mates are well impressed with their additional Christmas presents - but what about the one who missed out
    • Tarkus
    • By Tarkus 7th Jan 18, 10:54 AM
    • 8 Posts
    • 1 Thanks
    Tarkus
    They value my friendship more than any gift so they won't be dissapointed but hey, let's celebrate a victory for the consumer because isn't that what this forum is about?
    • camelot1971
    • By camelot1971 7th Jan 18, 11:17 AM
    • 601 Posts
    • 947 Thanks
    camelot1971
    By way of an update, After a long an protracted exchange, Halfords have now conceded that they were wrong, apologised for their actions and offered 2 units at the matched price as way of closure. Based on the fact I ordered 3, I believe this to be a good outcome without the need for ADR or Court action and reinforces that if you persist, you can achieve a mutual outcome.
    Originally posted by Tarkus
    Thanks for updating your imaginary purchase with an imaginary outcome.
    • stuartJo1989
    • By stuartJo1989 7th Jan 18, 11:17 AM
    • 375 Posts
    • 364 Thanks
    stuartJo1989
    They value my friendship more than any gift so they won't be dissapointed but hey, let's celebrate a victory for the consumer because isn't that what this forum is about?
    Originally posted by Tarkus
    Earlier on you said: "all my friends and wern't disappointed that they never got one of these"

    So one must beg the question why you have decided to take them up on the offer of "2 units at the matched price as way of closure" given that your friends weren't disappointed/expecting the presents, and Christmas has now since passed (plus, didn't you buy your friends alternative gifts of similar value when you found out about this situation? Seems a bit strange for you to be all or nothing on this sort of thing; either buying your friends a fairly high value item or nothing at all).

    And, like the other poster said, will the friend who doesn't receive the pressure washer not be a bit resentful when they find out?! Talk about alienating one of your friends like!

    Listen, nobody is that bothered if you are actually flogging them on! It is quite smart and perfectly legal. Just be honest next time like, because the holes in your story are a bit of a distraction.
    • sharpe106
    • By sharpe106 10th Jan 18, 4:00 AM
    • 348 Posts
    • 211 Thanks
    sharpe106
    If one of my friends decided to buy me a gift of a pressure washer, I would be wondering what they are trying to say and I would probably want a new friend if that was there idea of an exciting Christmas present.
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