Clarification on loss of bargain

dmg24

londonman42 wrote: »

I didn't ask for a morality lesson, thanks. So next time you fly and your flight gets cancelled because of snow then you won't bother with asking for a refund then. That would be petty as the snow it completely beyond their control.

I would ask for a refund of what I have paid, which is what you should do. You seem to think you are entitled to more. It's tacky, very tacky ...

toffe

londonman42 wrote: »

toffe - do not presume to tell me what I would or what I would not say or do. Nor presume to value-judge..

from reading this thread its clear you came here to be told what you want to hear, that is clear from the way you have replied angrily to every post in dissagreement with your notion of entitlement to compensation for "loss of bargain" and in praise of all those posting in support.

if you are offended at me putting my view, based partly on experience of these matters of which you appear to have very little, then you better brace yourself for the reaction of the judge if indeed you do pursue this and if indeed he does judge your case to be frivolous and without merit.

londonman42 wrote: »

owain - many thanks for those two extracts which nails the delivery aspect as far as risk goes, I think .

theres nothing to "nail" in regards this aspect as the seller has already acknowledged the risk element, hence his offer of a refund, this adds no merit to your "loss of bargain" argument.

londonman42

No I came here for some advice and not to have some moralising thrown at me which is what you and others have done.

Antispam

You got advice but for some people its seems its not what they want to hear

Feel free to waste your time and money go to small claims court I very much doubt you will win

If company offers a full refund take it that's all your entitled too. Company posted in good faith yes technically its breach of contract but if they taken reasonable steps I cant see how you get very far

londonman42 wrote: »

No I came here for some advice and not to have some moralising thrown at me which is what you and others have done.

toffe

londonman42 wrote: »

No I came here for some advice and not to have some moralising thrown at me which is what you and others have done.

look, while i accept that i did express a personal opinion that this is a twisted application of logic wich appears to be what you have taken offence to i did go on to raise a few valid points which a court is likely to throw at you, i.e

1. you have suffered no loss if you get refunded by the seller,
2. you are not out of pocket as you do not have to buy the item again at a higher rate, you have a choice not to do so,
3. there is no legislation (of which i am aware) which supports your view of etitlement to compensation for loss of bargain
4. if you bring an action that is without merit you may expose yourself to counter action for payment towards the defendandt's legal costs in defending your unmerited legal action, any solicitor would do this as a matter of course in such instances and it could cost you quite alot more than the "compensation" you are seeking.

if thats not what you came here to hear tough, if you want to totally disregard what i and others have said and pursue this matter, thats your right to do so, i was just trying to help you avaoid a costly mistake, yes i can be blunt in my delivery but i make no apologies for that.

if your still offended, tough, if you want to ignore me and pursue this matter through the courts, i don't care, it's your time and money not mine, if you wanna lose even more money i'll take a bet with you that you lose at whatever price you like.

i don't often get annoyed with people on forums, and i'm not annoyed at your idea that you are entitled to compensation where you clearly are not, what does annoy me is when you see people who post in an open forum who clearly only want people to respond to them if that response is what they want to hear, you are a classic case, so you know what why bother trying to help you?

NeverInDebt

Sue them OP go on.

wealdroam

OP, please do come back and tell us how you get on.

:beer:

fiddiwebb

And here's the other "Loss of a bargain" thread

https://forums.moneysavingexpert.com/discussion/2951764

londonman42

Interesting. And if anyone bothered to read to the end of that thread, B&Q were taken to court/threatened with court action but settled before it came to court. So all you naysayers, what's the difference between the B&Q case and my own?

fiddiwebb

londonman42 wrote: »

Interesting. And if anyone bothered to read to the end of that thread, B&Q were taken to court/threatened with court action but settled before it came to court. So all you naysayers, what's the difference between the B&Q case and my own?[/QUOTE]

eBay and it's just yourself, different circumstances, also note that B&Q settled before it went to court so in the eyes of the law that case was not successful.

Winning cases like this are very far and few indeed, in fact point me to a successful case involving minor amounts of money.

Imagine if a case such as your own was succesful, it would set a precedent for every Tom, !!!!!! & Harry to sue any person or company for loss of a bargain for the smallest amounts, it would just open the flood gates, what would be next, sueing for a misprice or even because someone made a profit!

Using ones commom sense plays a large part in this, maybe you could buy some of that at a bargain price?