[CLOSED] Samsung 28'' Pure Flat Widescreen With Integrated Freeview TV + Cabinet £33

peter_the_planter

I got two from Sarah.

pinkonion

As I said I complained through the Consumer Direct website and have received the following reply today

Dear Mr ********

Thank you for contacting Consumer Direct, please make a note of your
case reference number *****, which you should quote in any future
correspondence.

Regarding the TV bought from Ebuyer.
You are correct in that the contract is formed at the acceptance of your
payment and email receipt.
However if this has been a genuine listing error on their website and
they stop the order of issue an immediate refund then they have complied
under the Sale of Goods Act.

They should have removed the error from the website on spotting the
issue.
The TV is very cheap and Iam sure if you took Ebuyer to court that the
sheriff (I live in Scotland as you'll notice) would rule that it was a genuine mistake.

You did not send me an explanation email from Ebuyer but I suspect that
the above would be the case.

The problem with the internet is that automatic emails are sent out and
only after this the problem is noted.

Regards
Les Norton
Consumer Direct Advisor

Mr_Gordon_2

I've just received an identical email to the one pinkonion was sent (I'm also in Scotland).

im333

they've pulled it from their site now

steve$$$$$_5

steve$$$$$ wrote:

Just sent a note to BBC Watchdog :

http://www.bbc.co.uk/watchdog/contact/index.shtml


If we all send them a note,then hopefully they will run a feature and
back our case.

Worth a try !!!

Come on,more reports to Watchdog !!!

We will get a mention yet.

Lantik

esalan wrote:

I think you win by default if the defendant fails to respond. Sounds like ebuyer would fit into this category most likely! PS if you do not win the case you lose the £30 odd and that is all.

I'm not prepared to spend £30.... I could buy a TV for that!

rogerramjet

Just reported to Watchdog

jackashton1

TAKEN FROM SOMEONES ELSES POST ON ANOTHER FORUM, REPLY FROM TRADING STANDARDS:

Mr *****,

re your recent request for information.

As you had confirmation of your order and the Trader took the money the contract was made. By cancelling this, the Trader is in breach of the contract. However, there are no powers available to force the Trader to sell the goods at the original price. The only option you have is if you buy the same goods at a higher price you can sue for the price difference.

If you require more info please call our advice line on 0121 303 6031.

Regards

Eamon Collins
Birmingham Trading Standards

bs7

i got the same response as amit_1 and GASPPM:
"Whilst we do appreciate our customers requiring this product at the lower incorrect price, unfortunately this price was advertised due to a system error, causing the cost to show on our site significantly lower than the actual correct price.

The item has been discontinued from our site due to this error, so we were unable to offer the option to purchase the TV at the correct cost, and hence this is the reason as to why the order you have placed has been cancelled and refunded in full." etc, etc.


When i pushed further regarding whether they accept that they are indeed in breach of contract, i got this response:

EBuyer cannot enter into any claims for any indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever.

Of course i'm still arguing with them regarding it.

I still think it'd be amusing for someone to take them to the small claims court to see what happens (i'm not being funny but Trading Standards aren't usually manned by the most intelligent of people - for example i can find absolutely nothing in the Sale of Goods Act 1979 as amened that would suggest the following statement is an accurate reflection of the law: "However if this has been a genuine listing error on their website and
they stop the order of issue an immediate refund then they have complied
under the Sale of Goods Act."). If we all chipped in a couple quid then we could easily cover the application cost of the claim for someone to do it and for them to post the results online.

caverncity

Just checked my credit card statement and in the last few minutes have received a refund and debit for two TV's

05/03/2005 - 07/03/2005

5734

EBUYER (UK) LTD SHEFFIELD

£39.46


05/03/2005 - 07/03/2005

5734

EBUYER (UK) LTD SHEFFIELD

£39.46

07/03/2005

5734

EBUYER (UK) LTD SHEFFIELD

£39.46 CR

07/03/2005

5734

EBUYER (UK) LTD SHEFFIELD

£39.46 CR

So they cant say I never paid for them