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Full refund on Half Price TV?

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Comments

  • gordikin wrote: »
    In your dreams...that's just so wrong!

    Well the premise is contract law. When my firm has bought and paid for an item that then did not come we have successfully sued the manufacturer for the original price plus the costs of buying a replacement from an alternative supplier which was significantly more expensive.

    When you buy something you enter in to a contract. It is not just the SOGA that applies, but contract law as well.
  • vyle
    vyle Posts: 2,379 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    lucylucky wrote: »
    You may have missed the point. You are entitled to a replacement of the same spec. If that is not available then you can ask for a refund.

    Well, the retailer gets to decide if it's a refund or a replacement, or a repair.... whichever is least costly to them.

    Or you could just get it repaired under warranty.
  • vyle
    vyle Posts: 2,379 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Zippy123 wrote: »
    Well the premise is contract law. When my firm has bought and paid for an item that then did not come we have successfully sued the manufacturer for the original price plus the costs of buying a replacement from an alternative supplier which was significantly more expensive.

    When you buy something you enter in to a contract. It is not just the SOGA that applies, but contract law as well.

    So you sued the company for more than what you paid, PLUS extra?

    I can understand, in a business situation suing for the cost of getting something else, but if you bought the item, for say, £2000, why sue the supplier as if it cost £4000?
  • Zippy123
    Zippy123 Posts: 189 Forumite
    edited 27 December 2010 at 3:04PM
    vyle wrote: »
    So you sued the company for more than what you paid, PLUS extra?

    I can understand, in a business situation suing for the cost of getting something else, but if you bought the item, for say, £2000, why sue the supplier as if it cost £4000?

    Because they quoted £2k and could not supply it. The next cheapest supplier was £4k for the same goods. As we had to go to the more expensive supplier the original one became liable under contract law for the extra costs that we had to incur to complete the contract that they had failed to complete. Our quotes to others were based on the cheaper equipment price and we couldn't afford to be out of pocket on this.

    (these are example amounts, the real amounts were many times more and worth the legal fees.)
  • There is some 'loss of bargain' and 'consequential loss' elements that do come into contract law but it's complex and would require specialist advice.

    The SOGA outlines the responsibility of the retailer and likely a refund would satisfy this situation.
    Thinking critically since 1996....
  • yeah how bout everyone insists on this - prices would go through the roof
  • Zippy123
    Zippy123 Posts: 189 Forumite
    CrazyNerd wrote: »
    yeah how bout everyone insists on this - prices would go through the roof

    So should my company been out of pocket by tens of thousands due to someone elses fault. Should the OP also be out of pocket?
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Zippy123 wrote: »
    So should my company been out of pocket by tens of thousands due to someone elses fault. Should the OP also be out of pocket?

    the OP wont be out of pocket
    they will get back exactly what they paid
  • Indie_Kid
    Indie_Kid Posts: 23,100 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Zippy123 wrote: »
    So should my company been out of pocket by tens of thousands due to someone elses fault. Should the OP also be out of pocket?

    Why should they be better off and the store lose £250?
    Sealed pot challenge #232. Gold stars from Sue-UU - :staradmin :staradmin £75.29 banked
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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    CrazyNerd wrote: »
    yeah how bout everyone insists on this - prices would go through the roof

    Some people think of no one but themselves. ;)
    Gone ... or have I?
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