CLOSED - Jeans for 11p

LD

Since posting, I've thought that this term 'loss of bargain' is what I had been looking for in relation to something else for sometime, I have yet to find the precedent that I have in mind. so thanks for that anyways.

Back to this matter, if you issue a summons, by all means mention it as cause of action but the good thing is your not limited to one, and you can use the and/or construction in the particulars of claim, so you would be claiming for breech of contract, and under that you have different paragraphs separated by and/or, basically letting the judge 'choose' the relevant ones, the main thing is that it reads right and makes sense, but in small claims judges tend to side with the party they think the facts support so even if the writing isn't great they would still give you judgement.

my main reason for writing previously is that firms will tend to look at 'claims' more critically and knock back those that appear to be 'parroting' without understanding the terms used, either way the claim should be for at least £11/pair ordered plus the time spent before issuing the sumons writing letters, telephoning etc

Addy

Thanks for your advice.

Oddly enough, my online account is now showing the order as "despatched" again - however they refunded my card a few days ago

I rang the enquiry line, asked when the order was despatched and when it would be delivered. Was told it was despatched on 2nd and would arrive by Friday.....stranger and stranger. I'll believe it when I see it!!

Incidentally, "loss of bargain" was what everybody was accusing Virgin/Woolworths etc of when they took payments for the mispriced Pokemon Gamecube boxsets and then cancelled the orders. In Virgin's case, however their own Ts & Cs clearly stated (at that time - they may well have changed them subsequently!) that the contract was formed when payment was taken.

I like the Small Claims Court Had reason to bring a claim against a former customer at work - it was for design work done. It wasn't for a huge amount - just over £500. They decided to attend the hearing with a solicitor in tow - which didn't go down at all well with the judge. The judge got to the crux of the matter exceedingly quickly, understood all the relevant factors, wasn't having any of the solicitors legalspeak and awarded us the claim plus interest and costs. Quite an adrenalin rush Wouldn't want to do it every day, though!!

Funkymum

My order for 8 pairs turned up today despite having emails last week saying they were cancelling the order.
I opened an account with them & the delivery note clearly states 11p each.
yippeeeeeeeeeeee

Addy

Yaaaay!! So there's hope still for us.

WTG Funkymum

Stumpy

Mine turned up out of the blue today - I hadn't pursued this at all. I'd had two e-mails off them saying that they had cancelled the order because there had been an error in pricing and I'd just forgotten about it. Hurray!!

grilli

Funkymum wrote:

My order for 8 pairs turned up today despite having emails last week saying they were cancelling the order.
I opened an account with them & the delivery note clearly states 11p each.
yippeeeeeeeeeeee

mine arrived yesterday, i got emails saying they wouldnt be sending them cos it was pricing error, invoice shows 8 pairs @ 11p each total 88p. Shame some are not my size, dont think i'd get replacements if i send some back?

Highland_Lass_2

Stumpy wrote:

Mine turned up out of the blue today - I hadn't pursued this at all. I'd had two e-mails off them saying that they had cancelled the order because there had been an error in pricing and I'd just forgotten about it. Hurray!!

Same here. Hadn't held out much hope on this offer coming through 4 pairs arrived today for the princely sum of 44p.

Addy

This is looking better and better [rubs hands together in glee ]

royalsteve

LD wrote:

loss of bargain
n. the inability to complete a sale or other business deal, caused by another's breach of contract, intentional interference with one's business, negligence or some other wrongdoing. The amount of monetary damages resulting from this loss can be determined in a lawsuit.

as you can see this doesn't apply, what does apply is straight forward contract law as I mentioned above, once they accept the consideration they supersede any of their t&c's to the contrary

agree with you on that one...though im no legal expert......but a contract starts when an offer is made and acceptance is usually when payment is taken.....up to the point when payment is taken either party can back out the deal....after that both have to agree to back out of the contract for the contract to be nullified.....so generally with pricing errors there isnt much you can do, unless they do it regularly (ASA and Trading Standards might show an interest)....but if theyve taken payment well thats different as far as i am aware a contract has been formed and Additions cant back out without your agreement.

However, alot of companies will give people bargains to improve customer satisfaction...."wow this is a great company".....poor customer relations can destroy a business very quickly.

ben500

Another phone call another brick wall, I think Additions must have taken all the callcenter staff not offered a position at Dell because these people really are DUMMIES!

They seem to think everything is fine I've had my payment refunded so hard luck! What is it with these people??