Tesco Direct Gave Incorrect Information

McKneff

You really are on a hiding to nothing, stop wasting your time.

Just take the refund and the money and move on.

The time youve spent stressing about it and the time youve spent on here you could probably have sourced another bed.

Try Dreams or some other proper bedshop. Silent Night are crap anyway. You can buy the same crap at Argos.
You didnt say how much you actually paid for the bed.

maginot

No, your claim for misrepresentation would be to put you back in the same situation before you bought the bed e.g. A full refund. The goodwill gesture is a bonus that you should take quickly.

stugib

little_princess wrote: »

If I have a claim for misrepresentation, then surely the goodwill gesture they are offering should allow me to purchase the bed I believed I was purchasing?

What are you basing that on?

little_princess

Hi stugib,

As far as I can determine, under section 75 claims, the card provider is also liable for additional costs reasonably incurred as a result of a companies breach of contract, and the contract was made due to the misrepresentation of the bed by Tesco.

halibut2209

If you are so convinced you are right (despite many people here telling you that you aren't), then why ask for advice?

little_princess

Hi halibut2209,

I'm not convinced I'm right at all and that is why I am asking further questions of everyone, as I stated at the very beginning of the thread "Any help or advice will be gratefully received" and it most certainly is, but as a debate I have to keep putting my point of view forward in order to fully ensure that the information I receive is completely correct...as incorrect advice was the problem that got me here in te first place

maginot

I don't know how many times you need to be told that a refund is all you are entitled to. You have had no financial losses (buying the item from someone else at a higher price does not count). You have been put back in the same position before you bought the item.
But good luck with taking tesco direct or your credit card company to court!

pulliptears

you have probably had a close call as silentnight are not a decent brand anymore.

halibut2209

Just to add, seeing as this was bought online, Tesco are also entitled to cancel the order for any reason until despatch and refund you.

EDIT: This means that there is NO contract until despatch, so there cannot be a breach of contract

McKneff

halibut2209 wrote: »

Just to add, seeing as this was bought online, Tesco are also entitled to cancel the order for any reason until despatch and refund you.

EDIT: This means that there is NO contract until despatch, so there cannot be a breach of contract

Good post there H.
That seems to have put the thread to bed (no pun intended)

Thank Gawd for that.....