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Virgin Experience Days Hot Air Balloon Flight for 2

1404143454674

Comments

  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Confirmed by a solicitor, my understanding is that once money has changed hands, the sale has been agreed and a contract signed. So basically, once the payment has been accepted and taken, to renege on the deal at this point is a breach of contract!!
    No that's not the case if they have it covered off in their terms and conditions. This has been going on for over a decade now.
    How can any trader take the money without a contract being formed?
    The law does cover them for mistakes, but hey if anyone believes otherwise then take them to the small claims court.
    I would be willing to contribute a small amount to cover the costs.
    Anyone up for it.
    If I wasn't working full time I would volunteer.
    Is there anyone here (perhaps unemployed or retired) who could give up their time without cost and would be willing to go small claims if we all put forward a few pennies for the court costs?
    Personally I think it would lose, but I willing to put a few pennies up for a test case.
  • gwapenut
    gwapenut Posts: 1,442 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 January 2011 at 8:36PM
    If the judge decided it was grossly unreasonable to have taken this to court, small claims or otherwise, you could be liable for more than a few pennies, and have to pay out for Very's legal fees.

    Any duty to honour the sale goes if the purchaser knew it was an obvious misprice. This thread itself must surely be legal evidence that many people knew it was a misprice. Therefore even if there would originally have been a case in law for the OP, it's all but wiped out by the evidence in this thread.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    you could be liable for more than a few pennies, and have to pay out for Very's legal fees.
    Is that the case in the small claims court?
    I'm not a legal expert and I'm happy to be educated, but I thought that was the whole point of the small claims court, that there were virtually no costs and they could not be awarded.
    Any duty to honour the sale goes if the purchaser knew it was an obvious misprice. This thread itself must surely be legal evidence that many people knew it was a misprice. Therefore even if there would originally have been a case in law for the OP, it's all but wiped out by the evidence in this thread.
    I'm not sure I agree with that.
    Most people have no idea how much a hot balloon ride should cost.
    The spa day was WILDY underpriced, but some things were not.

    p.s. I don't think it's worth taking to court, I'm really just throwing down the gaunlet to those that persist in saying there is a case, but if there are financial risks then that blows it out of the water.
  • lisyloo wrote: »
    Is that the case in the small claims court?

    The Court has complete discretion in relation to costs in small claims. If Very were to win, then they would only get their costs if they could show that the claim was completely unreasonable.
  • lisyloo
    lisyloo Posts: 30,094 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can't see anyone risking it.
    Some of the previous cases went to court after a year.
    I can't be bothered with that hanging over my head for a long time over a lost gitch.........time to move on I think.
  • hamy23
    hamy23 Posts: 111 Forumite
    i am due to recive mine today as still saying dispaced so will let you all know asap, thought this was a very good deal to post so to all who will not recive there goods... and note to very mabye you should read the paper in the next few days as i will be going to the papers on behave of all the memnber on here as it is a joke what you have done , and the to tell pepole sold out when you are still selling them is illegal
  • Just gone on to check the progress of my order which was due to be received today, and it's now showing the following: 'Sorry, sold out'.
    That's it? That's all we get - no email, nothing. :cool:
  • Sunshine79 wrote: »
    Just gone on to check the progress of my order which was due to be received today, and it's now showing the following: 'Sorry, sold out'.
    That's it? That's all we get - no email, nothing. :cool:

    My account says the same too :(
  • ajdj
    ajdj Posts: 567 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Although when ordering this I thought it was unlikely they would honour the price I do find it pretty low that a 'Very representative' should come on here promising individual contact with customers when it seems they have no intention of doing so.

    Having taken monies they should at the very least be communicating with customers to advise of how/when refunds will be issued. It shouldn't be up the customer to have to keep logging in to see the items are now classed as 'sold out' with an account transaction history that doesn't seem to make much sense. Mine for example, seems to suggest that i am due a refund for postage and packaging of £3.95 with no mention of the £36.00

    Sort it out Very... this is shoddy!
  • tattybonce
    tattybonce Posts: 1,699 Forumite
    Absolutely pathetic. They were quick enough taking the money from our banks though weren't they? Let's see how long before we get it back. I bet they have thousand and thousands of pounds of customers money sitting in their bank account. Well done Very you should be very proud!! :money:
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