Clarification on loss of bargain

londonman42

Frankly I am sick to death of the trolls on this forum. I read that B&Q thread in detail this morning. Exactly the same...full of whingeing 'it will never happen', 'why waste your time', 'you're being petty' and Tbeckett came in for a sh*t load of grief from the trolls. In fact he did go to court and he did win.

Anyway, I can't be bothered to post any more on this. You know what they say....enough monkeys and typewriters. I will PM those supporting posters with progress. As for the rest of you trolls? Get a life.

Optimist

I notice you or someone with a almost identical problem is posting the same question on various legal forums with similar responses which you don't seem to like. In that case it is Argos online on ebay

If that is the case then I suggest you read section 7.5 of their terms and conditions. This would seem to cover your situation

7.5 Notwithstanding the above, subject to Section 7.1 Argos' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

If that clause wasn't there you might well have had a case .

If you do decided to go forward with small claims action and it is Argos and they decide to fight then there are good odds on you losing

toffe

out of court settlements ,mean nothing. a company can sette out of court on the understanding that it is a "goodwill" gesture and in no way an admission of guilt.

when dealing with large companies like B&Q there can be a number of factors involved in their decision to settle a case like this out of court, not least P.R. considerations.

imagine if B&Q went to court and won, how much do you think that would cost them with their high cost solicitors? much more than the customer was claiming for sure and either way B&Q lose because if they counter sue for costs and the customer gets hit with £3,4 or even £5,000 costs imagine the bad publicity of having the headline "B&q SUES CUSTOMER FOR £5,000" not a good look is it.

it's likely that this was a commercial decision to settle based on cost and PR considerations.

what you have to decide is whether or not you want to take the same gamble because if the retailer decides to fight i reckon you have a problem, for me the possibility of losing several thousand in costs if i lost the case would not stack up as a gamble against possibly gaining a few measly quid for what will be at least a month or two of your time spent dealing with this.

however thats my logical view of the matter, we have already established that your logic is somewhat more twisted than my own so i already know you wont agree.

also what your effectively saying here is that whenever you place an order with a retailer online they have no right to cancel that order and if they do, and if you can't find the item for the same price or less then they are open to being sued, that is absolute trash.

its interesting that yourself and your "supporters" have offered exactly zero links to any legislation which states that retailers have no right to cancel and are liable for compensation for loss of bargain.

toffe

you may also wish to consider that most retailers have their own terms and conditions which usually as a matter of course state that they are liable only for the price you paid, i don't know where you bought your item but if it was from a major online retailer i'd look at their terms and conditions.

there is usually another term which states that by placing an order you agree to ALL of that retailers terms and conditions.

beleive me you have no case, it's minefield your walking into and you will get your legs blown off and the judge wont give a hoot if thats not what you wanted to hear any more than i do.

Oopsadaisy

Handbags!!!!!!!!!!!!!

fiddiwebb

Oopsadaisy wrote: »

Handbags!!!!!!!!!!!!!

Nah!!!!!, I think you'll find it's a out of stock digital video recorder

Hintza

Assuming it is Argos I bought a kettle from them a couple of weeks ago they sent tracking number but goods were never dispatched I have had good dealings with them on EBay before but did in the end just leave them negative feedback.

toffe

at the end of the day sales fall through sometimes through no real fault on either party's side and to start instigating litigation every time an item gets lost in the post or is out of stock but mistakenly not removed from sale would be ridicoulous.