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

Mankysteve

One could argue that there was never any intention on the retailer part to sell this price as it was an error, They didn't intend to sell it that price it was an error, therefore the contract is invalid, But I'm no lawyer. You need to contact a solicitor and see what they think but they'll charge you for the privileged.

kiddy_guy

singlerider wrote: »

Sorry to be a pain, but any chance of a link?

Ta

http://forums.moneysavingexpert.com/showthread.html?t=1766491

or

http://forums.moneysavingexpert.com/showthread.html?t=1439621&page=28

All I would say to those who doubt that if a contract is formed, that a supplier can simply renege on the deal - see the picture of the cheque and letter from B&Q in the second thread. It just depends on the wording.

Optimist

Having a quick browse at the Swoopo terms and conditions I note they do not seem to give themselves a get out clause as most do nowadays i.e. No contact is formed until despatch of goods, or words to that effect. I might have missed that if they do it was only a quick browse

Plus looking at the front page of the site there are certainly plenty of indications that items sell at well below their retail price. The first item I looked at a mobile phone supposedly worth £406 sold at £9.07. This would give reasonable cause for the OP to assume that they got a bargain.

Presented correctly I would say the OP has a case.

phlogeston

woody01 wrote: »

This all completely wrong and you are talking out of your jacksie!!
...
Npoe.
The contract is only binding when:
a). Payment has been accepted
AND
b). The purchase has been sent or the purchaser has left the shop

If BOTH of these arent in place, the contract is not formal

For a contract to exist there must be

1) an offer
2) acceptance
3) an intention to create a legal relationship
4) consideration (in this case the promise to buy and the promise to sell)

There is no requirement in English law for payment to be made or for goods to have left a shop.

By all means offer your uninformed opinion on a forum such as this, but don't insult people in one sentence and then spout utter nonsense in the next.

There may be a number of reasons why there is no valid contract (e.g. the website T&Cs or the fact this is a pseudo auction).

A contract exists as soon as an agreement exists between two parties.

Tozer

phlogeston wrote: »

For a contract to exist there must be

1) an offer
2) acceptance
3) an intention to create a legal relationship
4) consideration (in this case the promise to buy and the promise to sell)

There is no requirement in English law for payment to be made or for goods to have left a shop.

By all means offer your uninformed opinion on a forum such as this, but don't insult people in one sentence and then spout utter nonsense in the next.

There may be a number of reasons why there is no valid contract (e.g. the website T&Cs or the fact this is a pseudo auction).

A contract exists as soon as an agreement exists between two parties.

Yep, as Phlogeston says.

OP - what damages have you actually suffered? Have you actually purchased an alternative laptop?

ses6jwg

Just give it up.

neilmcl

Optimist wrote: »

Plus looking at the front page of the site there are certainly plenty of indications that items sell at well below their retail price. The first item I looked at a mobile phone supposedly worth £406 sold at £9.07. This would give reasonable cause for the OP to assume that they got a bargain.

Won, not sold, that's the salient point. Yes items can be won in the auction at a low price, however the OP didn't "win" the auction he used a buy it now option and there's no indication on the site that the buy it now (sorry swoop it now) prices are normally ridiculous so low.

OlliesDad

Did you receive a receipt from Swoopo or just a order confirmation? As it is a distance purchase, acceptance of the order can mean different things.

Just because you have paid by paypal, doesn't neccesarily mean that the order has been accepted. If you think about it, they have given you the money back, does that mean you have accepted it because it is now in your paypal account?

I would love you to go to court and win as i really do hate swoopo and its morals, but as you have been following an automated system, and Swoopo have refunded you in the first instance when they realised the error, i don't think there is anything you can do.

With regards to you believing that they couldn't have made an error as the £31 is completely different to £799, maybe they had put the wrong price on the wrong product, therefore meaning its a very viable mistake.

Did you actually go online wanting to buy a macbook? or are you just chancing it as you noticed the error?

AfterDark

Payment was not accepted by them as it was returned back to you. As far as I'm aware they cancel up in till the point the goods are dispatched. Have you read the full T&C's. I hate it when people read Terms and conditions and pick the bits that sound good for there case out of them :rolleyes:

neilmcl

AfterDark wrote: »

Payment was not accepted by them as it was returned back to you. As far as I'm aware they cancel up in till the point the goods are dispatched. Have you read the full T&C's. I hate it when people read Terms and conditions and pick the bits that sound good for there case out of them :rolleyes:

Have you? Please point out where it states this.