Is this a loss of bargain and what can I do??

londonman42

taxiphil wrote: »

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You are going to have to stand very firm, fire off a Letter Before Action citing the relevant law (below), and then probably a county court claim. Personally I wouldn't bother getting into any telephone conversations with them; the chances of any company giving you Loss of Bargain damages over the phone are about zero.

Robinson v Harman [1848] is the case authority for the remedy.

The measurement of damages comes from the Sale of Goods Act 1979.

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Does Loss of Bargain still apply if the supplier's carrier loses my item?

Argos are saying that ...

we do not accept that this constitutes a loss of bargain, nor a breech of contract on our behalf. As you have been informed, the product was transferred by us to the courier and we have no control over what happens to the product once it has left our control, similar to if the product was posted into the postal network.

Since I have no contract or leverage with their courier company I fail to see how they can wriggle out of their obligations.