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Double complete bed set £9 at Debenhams [CLOSED]

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Comments

  • Sput2001
    Sput2001 Posts: 1,206 Forumite
    Part of the Furniture
    I got "Sold Out & Refunded" letter today, too.

    Is it worth pursuing this, or just let it drop?
  • K9cuddles
    K9cuddles Posts: 2,202 Forumite
    Yeap.. got my letter today too!
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  • lfc4eva
    lfc4eva Posts: 1,636 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    yep...got my letter (sold out) just now :mad:
  • chachiluz
    chachiluz Posts: 849 Forumite
    Got the letter, rung CS and complained!
  • chachiluz
    chachiluz Posts: 849 Forumite
    taxiphil wrote:
    You're absolutely spot on here. If this had been a misprice which we were immediately informed about after trying to place an order, they could probably have wriggled out of it as certain retailers have done in the past like Argos with their £2.99 Sony televisions. But they didn't do that - they processed our orders!

    There's no doubt whatsoever that a legally binding contract of supply has been formed by Debenhams charging our accounts and sending us invoices.

    A very interesting and relevant article appears here.

    Therefore my understanding is that we're entitled to sue for the loss of bargain which is the difference between the price Debenhams were selling this at (£9 - not sure if the postage comes into the equation??) and the lowest price we could reasonably be expected to source this item elsewhere. Since this item was exclusive to Debenhams I've no idea what a similar package of comparable quality might cost elsewhere - could anyone suggest a ballpark figure?

    One point worth mentioning: they do have 30 days under the Distance Selling Regulations to perform under their contract.

    I'll be firing off a recorded delivery letter to Debenhams tomorrow advising of them of my legal rights and my intention to start action.

    Has anyone else noticed how the invoice/letter from Debenhams doesn't have any postal address, VAT number, registered company number or phone number for Debenhams?! Unprofessional or what?!


    Got a little pdoff with CS, and as some said, wasting money using 0845 number. Pah!

    Will like to send a letter. Any ideas?
  • Just phone cs, they are not interested and keep trying to use their t&c policy to wriggle out of it, they offered me a 15% reduction on any future orders with them, when i said i would not be using them again, i was told they are very sorry & goodbye, i am fuming:eek: :mad: :mad: :mad:
  • Got the sold out letter today
  • taxiphil
    taxiphil Posts: 1,980 Forumite
    For anyone wishing to send a letter prior to legal action, here is what I've sent. I'm not a lawyer but have checked the law thoroughly and it seems pretty clear in this area.
    Dear Sir/Madam

    Re. Cancelled Order for Item No. 90E919 - Double Bed Set


    I have noted the clauses in your terms and conditions to which you refer:

    "2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us will take place on the despatch to you by us of the goods and order invoice, which takes place as your product is shipped from our warehouse. It does not take place until that stage, notwithstanding that we may have debited your card (see 2.3 above) or that we have sent acknowledging e-mails (see 2.4 above)"

    Your terms and conditions may state that a contract is only formed on despatch of the goods, but in law this is not the case: a legally binding contract has already been formed by you charging my credit card and sending me an invoice. You terms and conditions do not override the law.

    "2.3 We take payment from your card at the time we receive your order, once we have checked your card details. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods."

    This exclusion of liability, and any attempt to invoke it, is wholly unlawful under the Unfair Terms in Consumer Contracts Regulations 1999 because it gives you a unilateral right to alter the terms of the contract without notice after the contract has been formed. You can not simply grant yourself the right to be able to vary the terms any time you like after the contract has been formed.

    The subsequent refund you made to my credit card was done against my will and in breach of our agreement.

    If you can not supply the item I ordered, then you are in breach of contract and are liable to recompense me for Loss of Bargain.

    Comparable items in your Double Bed Set package are on sale at Marks and Spencer's website (https://www.marksandspencer.com) for total of £68.00. Namely:

    Soft Touch Dacron® 10.5 Tog Duvet, Product code: 01357103, Size: Double - £31.00
    Hollowfibre Quilted Mattress & Pillow Protector Set, Product code: 03480656, Size: Double - £25.00
    Pack of 2 Soft Touch Dacron® Medium Support Pillows, Product code: 01080117 - £12.00

    Given the item descriptions on your website and the Marks and Spencer website I believe these replacement items to be of similar quality and specification. The total Marks and Spencer price of £68.00 is also very close to your original pre-sale price of £70.00, which would serve to confirm this.

    Hence I believe you are liable to reimburse me £59.00 for the Loss of Bargain, i.e. the difference between your selling price of £9.00 and the lowest cost I could reasonably be expected to source the same items of comparable quality elsewhere.

    Please can you give me your final stance on this matter in order that I can issue a claim in the County Court without further delay.

    Yours faithfully

    xxxxxxxxxx

    You could also include something about giving them a final opportunity to supply the goods, maybe within a 14 day deadline. I haven't put that because I said it in my previous e-mails, and their answer was no.

    A point worth mentioning - if it does get as far as court, I'm pretty sure you need to have actually bought the items elsewhere (maybe from M&S as I've suggested) as you need to demonstrate an actual loss caused by breach of contract, not just a hypothetical loss.
  • thanks for that, im off to post my letter
  • Ivrytwr3
    Ivrytwr3 Posts: 6,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Well I too am going to post this letter. Anyone got the best address to send it? The higher up the chain the better!!!
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