Paid for goods, comet won't supply

RIISHI

We placed an order for a fridge, which was confirmed by comet on the 29th may and also for which payment was taken. However we recieved a call on the to tell us that comet would not be able to supply this fridge on the 1st July as it was out of stock from the supplier and being discontinued (even though when we placed the order it wasn't known to being discountinued)

Me and my wife have had now two conversations with comet in regards to this. We were offered a refund or to pay extra for another fridge we had liked at the time.

Firstly, this annoys me as I had spent a large amount of time researching for this product. Plus we were chosing between this fridge and the slightly more expensive one at the time. But the offers, voucher codes and the actual prices are no longer available for the more expensive one and the prices have shot up for it. In fact comets price for this fridge is now higher than it was before. This not only means I would have to go looking for the product again, but I've already wasted lots of time on research and would have to pay more now!

How is that fair, that due to comet either not allocating the stock correctly (which they should have done as the order was placed so long ago), or a mistake by the fridge manufacturer in not informing comet, we now have to pay more. There should be some sort of goodwill gesture or compensation, but comet is not willing to give anything.

From my understanding, under the law if comet offer and I accept and comet have taken the payment (which they have), and then sent me an order confirmation, then it becomes a contract to supply. As they have already taken the payment is it not their duty to supply me the goods? And if they can't they have to offer me some sort of compensation for the incovenience caused?

Plus is it also true that this is a contract between myself and comet and nothing to do with the frige manufacturer LG...if it is LGS fault then that is something comet have to resolve with LG?

Overall I want to check my rights on this and If I have a right to challenge comet for compensation like Ive stated above? And also advice from anyone else that has experienced similarly?

Rishi

Esqui

How much more is the other fridge? You can always take a refund and take some time to look for a new fridge either there or elsewhere.

RIISHI

well at the time using the vouchers available it was working out £250 more..now it is working out around £400 more

I could do that but it still isnt working out at the same price as we could get before...Im pretty annoyed as why should I pay more due to mistakes made by either comet or lg?

pitkin2020

im pretty sure all comet legally have to do is refund you they have no obligation to pay any sort of compo as your not out of pocket once a refund has been given, from what i have also read on other threads comet/currys are cutting back on there instore discounts which is maybe why they aren't so forthcoming in offering some sort of deal

pitkin2020

Also £400 more.............what you buying a walk in fridge???

Antispam

I could be wrong but Comet are in breach of contract here

You could claim for 'loss of a bargain'


http://www.atkinson-law.com/cases/CasesArticles/Articles/Breach_of_Contract.htm

Proof of Actual Loss - Records

In most cases, the burden of proving any given claim rests with the claimant, he who asserts must prove. Claims must be adequately documented which means that appropriate records must have been kept at the time the relevant work was executed. Proof will be discharged by the contractor or subcontractor proving his case on the balance of probabilities. This however must not be taken to mean that amounts arrived at by theoretical or notational calculations can be acceptable. Ascertainment involves the ordinary meaning of the word, i.e. to find out as a matter of fact.

A claim for extra cost is the means of putting a Claimant back into the position in which he would have been but for the particular event complained of. Claims are not a means of turning a loss into a profit, or obtaining a windfall. The level of recovery is the loss to the victim of the breach not the gain by the defendant Teacher -v- Calder (1899).

RIISHI

I know it sounds like a lot but the fridge was a american fridge freezer..the one we bought with the discounts, we bought was around the £600 mark and the new one works out at around the £1000 mark now (even though it wasnt before)...

RIISHI

Thanks Antispam for your repsonse...I am also looking into the supply of goods and services act right now..hopefully that will help also..

Antispam

I wouldn't go near a American FF if I was you

I was told by a refrigerator engineer recently that all of them have problems and to not touch them with a bargepole

Esqui

Antispam wrote: »

I wouldn't go near a American FF if I was you

I was told by a refrigerator engineer recently that all of them have problems and to not touch them with a bargepole

In what way? Seems a bit strange that every AFF from every manufacturer has a problem

Antispam

I had a refrigerator expert come to my house 2 and bit weeks ago to repair a freezer on is way out him and his work college said that to me. He said that they often get called out to try and repair them its the bulk of his work