To sue, or not to sue . . . that is the question

singlerider

Oops, sorry 'bout the language, I didn't realise it was a no-no

Vomityspice

singlerider wrote: »

Hmmm . . . I was kinda hoping the more I dragged this out the more people might turn up to be on my side, it's looking rather balanced in their favour at the minute, which is a bit of a !!!!!!.

Would it help if I mentioned the Jonathon Vernon Smith show were interested in my story?

How many people do you need to tell you your wrong before you believe it?

Doesn't matter who is interested in your story, the law is crystal clear in this situation. Just because you don't like it, doesn't mean you are going to win. You won't.

If you want to look silly on JVS show go ahead, but it won't change the material facts. You don't have a contract (as everyone has reiterated) and you have no chance of a successful claim.

Move on with your life.

singlerider

OlliesDad wrote: »

I think you realise that this would be completely different circumstances.

As the deal was done at a distance, different rules apply. The contract is said to be formed upon dispatch/delivery of the goods to yourself, up until this point the contract can be cancelled by either party, after this point the customer can cancel without charge up until 7 working days after delivery. This is based on the Distance Selling Regulations.

Right, I've looked them up, and they state:

"A contract is concluded when the consumer becomes bound to buy
something and the business becomes bound to supply it. The
conclusion of a contract is determined by the facts in each case.
It is in your interest to make clear to your consumers exactly when a
binding agreement will be reached. For example, you need to explain
if the contract becomes binding when the customer places the order
or only when you confirm that you have accepted their offer to buy."

Which seems to suggest it's horses for courses, so if we look at the T&Cs on swoopo's website, they state:

"A bid submitted by the user constitutes an offer from that user to Swoopo to enter into a binding contract to purchase the item. A contract to purchase the item does not come into effect until the auction is finished and the last bidder has followed all the steps in clause number 6 . . . The user must actively confirm and pay the total price (end price plus shipping costs) for the win by following the steps indicated on that page or elsewhere on the website. Once the winner has clicked on the confirmation button the win is accepted. If an auction win has not been confirmed and paid within 21 days of the auction end date, unless there are exceptional circumstances Swoopo reserves the right to withdraw the offer to conclude a contract and the winner’s right to pay for and receive delivery of an item will be permanently revoked. In this instance, the bids placed in that auction are non-refundable. The user must pay the total price when confirming the win. After confirming the win and paying the amount due, the winner will receive a confirmation e-mail."

Which seems to suggest that the contract is in place from the moment they send the confirmatory email, no?

singlerider

Vomityspice wrote: »

How many people do you need to tell you your wrong before you believe it?

Doesn't matter who is interested in your story, the law is crystal clear in this situation. Just because you don't like it, doesn't mean you are going to win. You won't.

If you want to look silly on JVS show go ahead, but it won't change the material facts. You don't have a contract (as everyone has reiterated) and you have no chance of a successful claim.

Move on with your life.

No way!

I want my £45 Macbook goddammit!

dacouch

If you make a complaint or initiate court proceedings do you think Swoopo will make you a final offer and then just before the time limit to accept they will make another 1p higher, then another 1p higher and then another 1p higheretc until they don't get their offer in on time and you have a completed final offer?

singlerider

dacouch wrote: »

If you make a complaint or initiate court proceedings do you think Swoopo will make you a final offer and then just before the time limit to accept they will make another 1p higher, then another 1p higher and then another 1p higheretc until they don't get their offer in on time and you have a completed final offer?

HA! Quite.

I just have to figure out a way of charging them 50p for every higher offer they make

gordikin

Mr Troll singlerider please waste your money and sue them...end of thread.

singlerider

Troll?

How rude!

Stubborn and blinkered I may be, but . . .

gordikin

singlerider wrote: »

Troll?

How rude!

Stubborn and blinkered I may be, but . . .

I apologise...stubborn and blinkered though is enough, you're still wasting your time

patty65

SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE SUE THEM

you know it makes sense