Extra Supplement after Paying Invoice!! Advice Needed Please!

Equaliser123

dalesrider wrote: »

And how is S75 going to fit in here ????

Origonal purchase was for a voucher. Which was provided, so no breech of contract or missrepresentation.

Surcharge will be @ £40 a night and debited to a seperate company. As well as under the £100 limit....

Even if it was fiddled to show £120. The retailer will come back with T/C and details of the offer....
No breech of contract or missrepresentation.

"Breach".

I think there is a breach and a misrepresentation (the price) which was material in inducing the purchaser to enter into the contract.

The voucher was to be purchased for a set price. The OP paid that price and received the voucher. The voucher is apparently worthless unless the surcharge is paid.

Simple breach of contract and misrepresentation.

lucy03

Equaliser123 wrote: »

"Breach".

I think there is a breach and a misrepresentation (the price) which was material in inducing the purchaser to enter into the contract.

The voucher was to be purchased for a set price. The OP paid that price and received the voucher. The voucher is apparently worthless unless the surcharge is paid.

Simple breach of contract and misrepresentation.

This would potentially breach the Unfair Trading Regulations (2008) if they were doing it deliberately, but if it's a mistake, and their terms and conditions allow, I'd personally be doubtful whether a court would award anything more back than the original sum. It doesn't however hurt to write to the company a letter before action in the hope that they might relent, but I'd personally leave it there, just as my opinion.

Equaliser123

lucy03 wrote: »

This would potentially breach the Unfair Trading Regulations (2008) if they were doing it deliberately, but if it's a mistake, and their terms and conditions allow, I'd personally be doubtful whether a court would award anything more back than the original sum. It doesn't however hurt to write to the company a letter before action in the hope that they might relent, but I'd personally leave it there, just as my opinion.

I think Courts would award damages on the basis of putting the OP in the position they should have been in had the contract been performed correctly (i.e. without having to pay the surcharge).

jucee84

Thanks for the replies

I won't be taking court action or anything drastic like that! I am yet to hear back from either party so I can only assume they are either fighting it out amongst themselves, or ignoring me!

They said it would take up to 2 days to reply so I'll give them until lunchtime tomorrow before I chase them up.

Will keep you informed of any updates!

Thanks again

shocky_2

I think they should stick with what they advertised. You cannot go round advertising things that are not true, I think you have good reason to try and insist that they honour the committment.

Realistically I think KGB are much more likely to give you a refund than pay the extra themselves. If you just want to end this easily might be worth asking for the refund.