They refuse contract but then take money anyway...surely that seals contract?

bod1467

Seems to say contract is formed on payment for telephone orders, unless I've missed something? (OP placed order by phone).

fthl

I find this 'contract is formed on dispatch' stuff odd because that sort of term has no effect unless there is a contract really, and whether a contract exists is a point of fact, and just because someone says there is or is not a contract, does not make it true. Not much practical help I'm afraid, but academically it has been an ongoing and interesting debate. With no firm conclusion, which I suppose is why it is interesting.

dw89

Dear All,
Thanks for the further information. I am glad to see that it is not just me that is finding their T&C's more than confusing and contradictory. It does seem that they are indeed saying that the contract is different depending on how you order (phone or via internet) but it still doesn't make either clear in my view. I guess I have no alternative to pass it onto the credit card company as they are now billing me for something I do not have and they refuse to supply!

Thanks:beer:
Dave

dw89

Some breaking news for you.....

Just called Credit Card company and it seems that they paid the money back to me just the other day (i.e. between the statement turning up and me making the call to them)!

Still, think as per their T&C's, that they have made a contract with me and owe me the products...what do you think? Where's best place to complain about them Trading Standards? Ombudsman? I tried Consumer Direct but I seemed to know more about it all than them to be honest...they weren't much help on this occasion.

Dave:beer: