6x4 shed

stef240377

I have also just got off the phone from Consumer Direct who informed me i do have a case to claim as the money has exited account. Homebase are in direct breach of a contract as they have accepted a payment there for even though the price was a misprint they have mislead the puplic are in breach of the consumer protection for unfair trading regulation 2008. As a refund and £10 voucher with other offers such as 20% other purchases has been given out we as the public only accept the refund etc if we actually go on to use the vouchers. Therefore i will not be honouring there fob off approach and trading standards are following up this case for me as have requested a copy of the letter i have just written out to Homebase Direct.

Another point raised by Consumer Direct was that misprint excuses usually only work on one item at a time as Homebase had various sheds at bargain prices the misprint/mistake theory doesnt work for them. Hope this helps any genuine shed buyers out.

mumsrgreat

stef240377 wrote: »

I have also just got off the phone from Consumer Direct who informed me i do have a case to claim as the money has exited account. Homebase are in direct breach of a contract ....

Good luck but I don't think any of us will get the shed

Erinath

stef240377 wrote: »

I have also just got off the phone from Consumer Direct who informed me i do have a case to claim as the money has exited account. Homebase are in direct breach of a contract as they have accepted a payment there for even though the price was a misprint they have mislead the puplic are in breach of the consumer protection for unfair trading regulation 2008.

The problem is, Homebase have covered themselves for such instances in their Ts&Cs. When you placed an order with Homebase it did state to only do so having read the Ts&Cs first, and the Ts&Cs clearly state that they have not entered into a contract with you until despatch of the goods. Therefore (and I hate to say this as I'm one of the people who ordered a shed & really, really need one) Homebase have not breached their contract unless goods have already been despatched to you.

thelurch

stef240377 wrote: »

I have also just got off the phone from Consumer Direct who informed me i do have a case to claim as the money has exited account. Homebase are in direct breach of a contract as they have accepted a payment there for even though the price was a misprint they have mislead the puplic are in breach of the consumer protection for unfair trading regulation 2008. As a refund and £10 voucher with other offers such as 20% other purchases has been given out we as the public only accept the refund etc if we actually go on to use the vouchers. Therefore i will not be honouring there fob off approach and trading standards are following up this case for me as have requested a copy of the letter i have just written out to Homebase Direct.

Another point raised by Consumer Direct was that misprint excuses usually only work on one item at a time as Homebase had various sheds at bargain prices the misprint/mistake theory doesnt work for them. Hope this helps any genuine shed buyers out.

Well I may call them back then! Good to see a Government Agency giving out consistant advice!

thelurch

Erinath wrote: »

The problem is, Homebase have covered themselves for such instances in their Ts&Cs. When you placed an order with Homebase it did state to only do so having read the Ts&Cs first, and the Ts&Cs clearly state that they have not entered into a contract with you until despatch of the goods. Therefore (and I hate to say this as I'm one of the people who ordered a shed & really, really need one) Homebase have not breached their contract unless goods have already been despatched to you.

This is exactly what I dont understand about the advice I was given by Consumer Direct, I have always understood that a contract is formed between both parties when money is exchanged. If they choose to reject your offer of payment then they have no obligation to fulfil the order.

How can a companies T&Cs overide what the Sale of Goods act says?

Erinath

thelurch wrote: »

Good to see a Government Agency giving out consistant advice!

Am totally with you on that one ... it was Consumer Direct who told me that Homebase's Ts&Cs do override standard consumer rights. What they told me was that as no contract is entered into until the goods are despatched, then they have every right to simply cancel the order & offer a refund.

stef240377

I explained the T&C'S to the Consumer Direct agent who said that was a load of crap as a contract is bound once a payment has been taken and accepted hence forwarding my information onto Trading Standards. He also added to those genuine people out there who wanted the shed, that if you write to them stating the regualtions 2008 act then they will have to honour the order but in the meantime if you use any vouchers or other incentives they have offered/sent, you will be accepting what they have offered and not have a right to claim.

angelcakes_3

Well I have just had my phonecall which I have rejected as i really need the shed. Homebase told me that the are taking guidance off trading standards and are not in any contrevention!!! I still said that I will not be accepting there refund leave my order as it is and I will take this further. I am know waiting for a phonecall for consumer direct they are busy at the mo (wonder why!!!) I have got an address for homebase headoffice but I am seeing if they have an email address to see if I can get this sorted. Really annoyed at companies who try to flaunt regulations !!!!

tryingtodobetter

angelcakes wrote: »

Well I have just had my phonecall which I have rejected as i really need the shed. Homebase told me that the are taking guidance off trading standards and are not in any contrevention!!! I still said that I will not be accepting there refund leave my order as it is and I will take this further. I am know waiting for a phonecall for consumer direct they are busy at the mo (wonder why!!!) I have got an address for homebase headoffice but I am seeing if they have an email address to see if I can get this sorted. Really annoyed at companies who try to flaunt regulations !!!!

I haven't recieved a phone call yet but I'm sure one is on the way. I too really need the shed, what shall I say to them when they call?

angelcakes_3

I just let the girl get on with what she had to say, then I told her that the shed was 129.99 last week (I really do need one) andI ordered it as they had reduced it further. They are know offering the shed at 199.99. I told her that I wont be accepting their offer and please can she give me the order number and to leave the order on the system and that I will be contacting trading standards as they have entered into a contract with me as per the sale of goods act