47" LED Widescreen 1080p HD TV - £199 @ Pixmania price error

TBeckett100

To answer a prev post the judge has no interest on forum posts as I have proved. The law is the law and I am minded to assist when I feel corporates deceive

INT1

I don't think they wanted to decieve anyone, all the bad publicity and abusive emails from consumers is enough to put any corp doing that!
It would of just been a genuine mistake and something the person that did must of got reprimanded!

pretzelnut

I have a lot of time on my hands today - what exactly would i put in an LBA. Is there a template anywhere?

mark_dumpleton

You wouldn't get anything from this - Pixmania have made what is known as a unilateral mistake. They mistakenly priced the item, and many people purchased it knowing it to be priced in error (being nearly £1000 cheaper than it should have been).
As you all purchased it in full knowledge that a mistake had been made, then the contract would not be enforceable - see case Speckel v. Perkins:

there was a unilateral mistake by one of the parties. However, the mistake should have been apparent to a reasonable person in the position of the party who did not make the mistake. The court determined that the offer of US$50000 was, on its face, clearly a mistake.

If you want to try and go down the SCC route then the best of luck to you, but Pixmania will just state that they had made a unilateral mistake and the decision will (probably) be ruled in their favour.

If wanting to argue that you didn't know the price was a mistake, a court would look at prices charged for similar items - as a consumer, you would be expected to know that a price of £199 for this TV is way lower than the market value of it and what would normally be expected of you, and the court would dismiss the case.

1984ReturnsForReal_2

mark_dumpleton wrote: »

You wouldn't get anything from this - Pixmania have made what is known as a unilateral mistake. They mistakenly priced the item, and many people purchased it knowing it to be priced in error (being nearly £1000 cheaper than it should have been).
As you all purchased it in full knowledge that a mistake had been made, then the contract would not be enforceable - see case Speckel v. Perkins:


If you want to try and go down the SCC route then the best of luck to you, but Pixmania will just state that they had made a unilateral mistake and the decision will (probably) be ruled in their favour

Why on earth are you quoting stuff from wiki on a US case?


Am I missing something here?

French_Knickers

Why on earth is there still pages and pages of pointless wrangling over a tele that never came??? Some of you really do have more time than sense.

For those who really are adamant they should have got their tele, take em to small claims court, you will win or you will lose there, but you'll win or lose nothing here.

1984ReturnsForReal_2

French_Knickers wrote: »

Why on earth is there still pages and pages of pointless wrangling over a tele that never came??? Some of you really do have more time than sense.

For those who really are adamant they should have got their tele, take em to small claims court, you will win or you will lose there, but you'll win or lose nothing here.

What a pointless post.

If you have nothing to contribute why bother?

TaZmAn

I would advise as many people as possible to take them down the small claims court route and stand up for your rights - you do all have rights you know - some people here talk like doormats with no rights whatsoever. Pixmania offered to sell us something at a certain price, we agreed, they agreed, they took full cleared payment, contract was made, they even validated the order and agreed to dispatch the item within 28 days saying we could no longer cancel the order... Pixmania then turned around and kicked us all in the nuts, muttered something about vile and walked away?!!!

Believe me, all the haters in this forum either never placed an order, know nothing about the law, work for Pixmania / DSG, or just don't want you to get the TV. Anyone who doesn't want to be helpful or constructive shouldn't add to this thread - it's long enough already - certainly ignore anyone who tells you you don't have any rights... If they suddenly get flooded by everyone taking them to small claims court, they won't know what's hit them...

I certainly don't plan on going down without a fight... Small claims is very easy to do and I strongly believe they should be made to honour these orders. Also 'we' weren't allowed to cancel the orders, so why the hell should they be allowed to??? You can guarantee that had this misprice been the other way around and they had overcharged us for an item, they wouldn't be refunding us a penny. I certainly don't feel sorry for them??? This little stunt has benefited them massively as I've stated in previous posts.

You can buy plenty of items for 85%+ discount in shops - maybe we should write to all these shops and tell them they can't legally sell their items as Pixmania deem their prices to be 'vile' lol

Finally - I would like to wish all the people here who plan on taking this further through the courts, the very best of luck :beer:

French_Knickers

1984ReturnsForReal wrote: »

What a pointless post.

If you have nothing to contribute why bother?

Actually my post is 100% not pointless, their are however pages and pages of posts on here which are!

A man sat behind a table in a courtroom will decide if you get a tele and all the waffling on here is just nothing but hot air. Its a very simple process, you go and put your case, pixmania put theirs, and the bloke decides. Dead easy.

I'll also thank you NOT to suggest I shouldn't post you bad mannered person.

emerald_starcat

TaZmAn wrote: »

Believe me, all the haters in this forum either never placed an order, know nothing about the law, work for Pixmania / DSG, or just don't want you to get the TV. Anyone who doesn't want to be helpful or constructive shouldn't add to this thread - it's long enough already - certainly ignore anyone who tells you you don't have any rights... If they suddenly get flooded by everyone taking them to small claims court, they won't know what's hit them...
:beer:

It's not about being a hater it's about being a realist.
But good luck to those who try - your gonna need it.