Breach of Contract?

pinkshoes

Did the courier let you cancel without charge, or have you had to pay a charge for cancelling? Have you actually cancelled yet?

I would contact the seller and state that it's going to cost you £X for the cancelled courier, and £X to replace the cupboard you'd taken out so that the AGA would fit. Tell her that you will be expecting her to reimburse you for these costs within 7 days, although she still has the option of selling you the AGA at the agreed price instead if she wishes.

Be polite but firm.

Tozer

mwilletts wrote: »

And surely, even though a contract had been formed, it hadn't been completed. As far as I was aware, a contract can be rescinded until goods and payment have been exchanged and in this case neither had been. It's simply at the invitation to treat stage. So the seller should put the buyer back to the state they were before the contract was formed. i.e. pay for any out of pocket expenses that had been incurred. The only problem with that is getting a court to side with the buyer, especially if there is nothing in writing...

That's not correct. The consideration is the requirement to make payment. Therefore if the OP had, for example, not made payment he would be in breach of contract for not paying.

Kenny_Powers_3

Thanks for all the help.

Ive slept on it and am just going to go and buy a new one this afternoon.

NJW69

Could somebody explain loss of bargain for me and if it would apply in this case? I bought a shower door, shower tower and jacuzzi bath and paid in full on the day. Due to a number of issues including the local branch of the retailer closing I only ever received the shower tower. I've made a claim under section 75 of the CCA for the outstanding amount as I wasn't getting anywhere with the company. The credit card company managed to speak to them and they said they couldn't find my items and said that they would reorder the shower door for me which I refused as it took 10 weeks for delivery and I could have a bath upto the price that I paid. The bath I originally bought and paid for was a jacuzzi bath with lights and headrests etc that was reduced from £1350 to £400 as it was their last one. To buy a replacement of the same standard is going to cost me at least £1000 so therefore I will be out of pocket so to speak for the difference. Is this 'loss of bargain'? I still haven't had the money back yet as they said it may take 30 days. Someone rung me last week to respond to my email from August (they've been very busy!) and when he checked he said it was waiting to be processed and should go through this week.