'mis-sold' tv from Currys?

agray2812

cracklepop wrote: »

Don't take this the wrong way but what are you expecting them to tell you? It looks like the product is exclusive to them and they haven't got any more stock at the moment.

Therefore they have two options. They either call you if they get more stock (which they have offered to do) or they offer you a refund (which they have also offered.)

I understand that it's a frustrating situation, but I'm not sure what you're hoping for.

What i'm hoping for is some customer service.
On six seprate occasions now i have contacted them, by phone, by email and in person, not once have they contacted me to explain, apologise or offer me anything. A phone call isnt too much to ask for is it really??

bris

A perfect case of loss of bargain, this contract was formed not by mistake and is legally binding, so you are all wrong. An offer was made and accepted so they can not rescind the contract without the other party agreeing, quite simply you shouldn't sell things you can't carry through on.
If the op so desires, but won't because it's to much hassle, he can give them one last chance to complete the contract or go buy the tv elsewhere and bill the store for the difference and any other consequential losses suffered (travel etc) because of the broken contract.
I have posted case law on this before so look it up.

neilmcl

agray2812 wrote: »

What i'm hoping for is some customer service.
On six seprate occasions now i have contacted them, by phone, by email and in person, not once have they contacted me to explain, apologise or offer me anything. A phone call isnt too much to ask for is it really??

They've offered you a refund. Isn't that enough!

cracklepop

bris wrote: »

A perfect case of loss of bargain, this contract was formed not by mistake and is legally binding, so you are all wrong. An offer was made and accepted so they can not rescind the contract without the other party agreeing, quite simply you shouldn't sell things you can't carry through on.
If the op so desires, but won't because it's to much hassle, he can give them one last chance to complete the contract or go buy the tv elsewhere and bill the store for the difference and any other consequential losses suffered (travel etc) because of the broken contract.
I have posted case law on this before so look it up.

Hi bris,

I agree it's probably not worth it in these circumstances, but I'm still interested to know how this would work. It seems the TV is exclusive to Currys so cannot be purchased elsewhere. We'll assume Currys have no stock so cannot supply it, so although Currys were never trying to mislead the customer (we'll assume that's the case) there is, in reality little they can now do with regard to this specific model of TV.

Although it was certainly a good price, it wasn't crazily cheap. Chances are, a similar deal will be available from somewhere some time soon. so it's not like the customer has missed a once in a lifetime opportunity.

So, what's the retailer liable for beyond making sure the customer is fully refunded? If it's another TV, which TV? Who decides.



OP, for what it's worth, I agree they should have called you, even if it's just to apologise. I suggest for the purposes of getting an update on your order, dealing directly with the store will be more productive than emails to customer services. Better still deal with just one person at the store. If you want to formally complain about the whole sage then that's the time to go to head office.

neilmcl

"Loss of Bargain" - not a chance!

Apart from the fact that loss of bargain is notoriously difficult to prove, the OP hasn't suffered any losses, certainly none that he couldn't have mitigated by immediately accepting the refund and purchasing elsewhere and secondly you would have to prove that the salesman could have knowingly foreseen the item going out of stock the following week.

agray2812

Well guys i am happy to report that my problem is now solved.

It took more than 3 days but i got a response from currys customer service by email yesterday! They said they would speak to the branch and investigate. I then received a message on my answer phone from the branch manager offering an alternative product that they had in stock.

So i am now a proud owner of a Samsung 40S5500 tv.

Thanks for all the advice.

neilmcl

IMHO you got the better TV in the end (Samsung UE40ES5500), albeit 2" smaller.