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

1984ReturnsForReal_2

Lynsey wrote: »

I felt that was always going to happen.

Good luck to all claiming, I'll continue to watch and keep my fingers crossed for you all.

Lynsey

Name & Registered Office:
PIXMANIA LIMITED
MAYLANDS AVENUE <<<<<<< dixons retail group address
HEMEL HEMPSTEAD
HERTFORDSHIRE
HP2 7TG
Company No. 04965109


Status: Active
Date of Incorporation: 14/11/2003

Country of Origin: United Kingdom
Company Type: Private Limited Company
Nature of Business (SIC(03)):
5245 - Retail electric h'hold, etc. goods
Accounting Reference Date: 30/04
Last Accounts Made Up To: 30/04/2009 (FULL)
Next Accounts Due: 31/01/2011
Last Return Made Up To: 30/09/2009
Next Return Due: 28/10/2010
Last Members List: 30/09/2009

Lynsey

I know of the UK address and posted this address myself in post #640, but fully expected them to try and push the address in France for obvious reasons.

Lynsey

TaZmAn

TBeckett100 wrote: »

It would appear Pixmania are "investigating" the issues and will request that you hold off further action until they reply, aiming for 21st May.

They ask that you write to the France address, however, I feel all communication should be made to the UK address listed on companies house as

a) Pixmania UK are investigating
b) DSG UK have been trawling these forums and lossofbargain
c) You can verify your recorded item has been delivered in the UK
d) You will need to serve legal documents to Pixmania UK address
e) Article 5 of the Rome Convention should bring protection for UK consumers. Having seen some of their replies speeling off French law, ignoring Article 5, you are better off dealing with Pixmania UK as court action will be defended in the UK at your local court.

I will update the website with the info posted above.

In fairness, we should be seen to give Pixmania to 21st May 2010 to formalise their investigation. I would expect their final reply to be heavy hitting and defensive, possibly trying to put you off legal action.

I will update Loss of Bargain on the weekend of the 22nd/23rd May 2010 with how to file a small claims against Pixmania if they fail to resolve to your satisfaction, your complaint.

TBeckett100

They didn't even respond to our LBA letters and are lucky if people wait until 23rd May to take them to court. I think Pixmania just want even more time to sort their own legal defence out, not to investigate or help anyone out. They probably wouldn't be able to handle all the cases if everyone took them to court right now.

I'm intrigued as to why they felt the need to contact you, but did not bother to contact any of the people who sent recorded letters to them threatening legal action? I would have liked a response from them, even if it was a negative response.

I think giving them more time will just be in their own interests, but anyway, I'll wait if that's what everyone else is doing.

TBeckett100

just to claify, Pixmania has not contacted me directly. I was PMd the info!

anewman

Lol good luck guys, couldn't be bothered sending a letter before action etc myself

Ashford100

I actually have recieved a letter from pixmania. The Letter stated that they are looking in to the case and will have enough information to get back to us by the 21st of May. Surprising, as I wasn't expecting an acknowledgment back from them. So I must give them credit for that and look forward to hearing what they have to say. Hopefully they will look at it fairly with all the evidence and realise that they made a mistake. and sort it out swiftly.

Lynsey

TaZmAn wrote: »

They didn't even respond to our LBA letters and are lucky if people wait until 23rd May to take them to court. I think Pixmania just want even more time to sort their own legal defence out, not to investigate or help anyone out. They probably wouldn't be able to handle all the cases if everyone took them to court right now.

I'm intrigued as to why they felt the need to contact you, but did not bother to contact any of the people who sent recorded letters to them threatening legal action? I would have liked a response from them, even if it was a negative response.

I think giving them more time will just be in their own interests, but anyway, I'll wait if that's what everyone else is doing.

I would give them time, but agree it will be probably be negative. If you do go to court it would show you were willing to negotiate, though any outcome would be decided on any contract if formed and how the law applied to the contract
If everyone claiming did sue on the same day/week it would certainly cause a headache, not just for these, but for any company having to defend claims all over the country. The time and costs (legal and travel) involved may well be a factor in settling out of court, especially if there is any doubt with their defence.

Interesting days ahead - good luck to all claiming.

Lynsey

kpmatthews

i just happened across this thread while looking for something else. i too had an order declined for the tv. all this talk of taking action, is this because people are still waiting for their refunds? i had a quick read, but 42 pages!!

kpmatthews

it doesn't matter, i jumped to page 38 and it appears people are looking to pursue this in court based on the loss of bargain law.

if i may be so bold, this sounds a little like throwing your toys out of the pram because you are not getting what you want. if i take my sons nintendo ds away from him for not behaving, maybe he'll have a strop. that's the similarities for me right there. whether you're entitled to it is far from the point, it was a genuine mistake by pixmania- you placed your order with the chance that it might actually come through and nobody is surprised that it didn't. now you are pursuing this knowing full well that a company could stand to lose thousands of pounds. there's no integrity in that, just greed.

imho. peace

anewman

kpmatthews wrote: »

if i may be so bold, this sounds a little like throwing your toys out of the pram because you are not getting what you want.:)

The law is the law. If a company cannot follow the law it is their problem. IMO the law makes complete sense, if I take someone's money, then I have agreed to provide something. If Pixmania are too stupid to implement a system whereby money is only taken after the order is verified (including the price) and stock is available, that's their loss. If you have a problem with the law I suggest you take it up with the British legal system.

It's like if I sold you a car and we shook hands on £800, you pay, except when you come to collect the car I say sorry the price has gone up as similar cars easily sell for £1600. Or worse I say I've sold it to someone else for more and hand you your money back. You'd think I was a bit of a w@nchor and think you've taken my money, tough t!tt!3s, give me the car. Noone would suggest you were throwing your toys out of the pram under those circumstances if you were trying to get what you originally expected when you handed over your money, which is a car for £800. You expect once you have handed the money over that this is an agreed price and that you will get the goods.

Hopefully if someone is brave enough to stump up the court costs and risk losing, we'll have a better idea whether cases under similar circumstances would succeed in the future. I don't know if there have been similar successful cases in the past or not.