Item not received - Not sent.

robatwork

You're "whole" if they have refunded you.

Your course of action is to take them to court now and argue there was an offer to treat and acceptance.

You'll probably get thrown out though.

OwtForNowt

neilmcl wrote: »

OP, can you clear something up as your initial post is confusing.

Have you actually paid anything and if so how much?

Have you been refunded in full?

Yes, I have been refunded, after they apparently dispatched my goods.

robatwork wrote: »

You're "whole" if they have refunded you.

Your course of action is to take them to court now and argue there was an offer to treat and acceptance.

You'll probably get thrown out though.

Having read through some of the forum, I think 'loss of bargain' is my best chance.

That and reporting them to Trading Standards for breaking their own T&Cs.

arcon5

OwtForNowt wrote: »

Yes, I have been refunded, after they apparently dispatched my goods.


That and reporting them to Trading Standards for breaking their own T&Cs.

But their terms state:

OwtForNowt wrote: »

The T&Cs are:

Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later.

So effectively the contract is formed when the goods are dispatched. Yet in your op you say:

OwtForNowt wrote: »

Item not received - Not sent.

The tracking info says 'order generated' and that's it. So it seems that they've ordered the parcel delivery, to make it look to me that it's been dispatched, but never actually sent the parcel to MyHermes.

So if they haven't dispatched the goods then you may struggle to convince a judge the contract has been formed. Since their proof may be the fact they booked the courier but never went ahead with the dispatch.

Having read through some of the forum, I think 'loss of bargain' is my best chance.

Loss of Bargain isn't a sure thing, so proceed with caution. There's very little information and case law on it - but i've read of a member who successfully sued for it after a company dispatched goods and instructed the courier to return the goods to them as they've spotted the error too late. Read another article of somebody that lost, the defence that stood up related to the fact the mistake was so obvious. (cant remember where now though).

Reporting them to TS won't get you your goods though.

OwtForNowt

arcon5 wrote: »

So if they haven't dispatched the goods then you may struggle to convince a judge the contract has been formed. Since their proof may be the fact they booked the courier but never went ahead with the dispatch.

Thanks.

I'll see what they have to say. As they are so adamant that the goods have been dispatched, I'll see what they say about the T&Cs they are breaking.

Thanks again.

swingaloo

So you paid for something that you obviously knew you weren't really entitled to at the quoted price.

Then you got your money back as the company realised thier mistake.

Now you want the goods anyway. #

Priceless:rotfl:

swingaloo

Just wondering, having read your opening post again-

You say you have been told it has been dispatched since after you got your refund. Why would you expect a company to send something you havnt paid for?

OwtForNowt

swingaloo wrote: »

Just wondering, having read your opening post again-

You say you have been told it has been dispatched since after you got your refund. Why would you expect a company to send something you havnt paid for?

No, I was told that the goods were dispatched, then was told that I was refunded.

swingaloo

You say you have been 'guaranteed numerous times' and have had '5 emails' telling you it has been dispatched.
How many of these have been 'since' your refund?

OwtForNowt

swingaloo wrote: »

You say you have been 'guaranteed numerous times' and have had '5 emails' telling you it has been dispatched.
How many of these have been 'since' your refund?

At least 4, but perhaps all.

CoolHotCold

Doesn't matter what they tell you.

They could tell you the item is sitting on your doorstep, but if they haven't dispatched the item (aka, it hasn't left their premises) you at the moment have no legal contract in place.

All they've done is given bad customer service.

They've not broken the law, so unfortunately for you, you have no legal recourse.