Currys took payment but no computer in stock

somethingcorporate

bris wrote: »

http://www.bitterwallet.com/bq-%E2%80%93-the-dishwashers-with-no-discretion/13425
With the help of this very forum.

People assume because the retailers give you a refund in these cases thats all they need to do, but lets look at the other side of the coin in this contract. The buyer goes into the store and pays for the item in this case, the seller says thank you sir come back on Friday to pick it up. Friday comes and the buyer goes back to the store, but instead of picking up the item decides he wants a refund, does the retailer have to give him one? We all know the answer to this, so why should the buyer have to follow through on the contract but not the seller, well the seller can't, if the buyer wants to, loss of bargain in there to pursue.
Sometimes , in fact most of the time it's simply not worth it for a price difference can be small , but the option is there.

I have to admit that is very cool and the first time I have seen such publicised, so thanks for that.

I wish I had time to fight for such tiny amounts on principle, I am glad some people do - I think it is certainly worth advising caution when it comes to the practicalities of obtaining such a result - especially when it is not guaranteed.

They spent a lot of time and effort for getting a couple of hundred quid out of a retailer.

bris

somethingcorporate wrote: »

I have to admit that is very cool and the first time I have seen such publicised, so thanks for that.

I wish I had time to fight for such tiny amounts on principle, I am glad some people do - I think it is certainly worth advising caution when it comes to the practicalities of obtaining such a result - especially when it is not guaranteed.

They spent a lot of time and effort for getting a couple of hundred quid out of a retailer.

I completely agree, not something I would do either and like you and me the vast majority wont because of the hassle involved or the fact they don't even know they can. The retailers know this so it's nothing to them to just tell you to go away. But it can be done if the circumstances are right.

ajones456

bellypan42 wrote: »

I paid for a desk top computer at my local currys - they didn't have one in stock but contacted another store and said they would ask for one to be reserved there for me to collect. Communication has gone wrong and it seems the other store later reserved what they had for other customers. So, no computer for me. Problem is it was a good deal and i cannot find the same spec at that price.

Had we actually entered into a contract when they took my payment and are they obliged to supply me with the computer i ordered at the price they were selling it for?

In terms of a contract law Currys could be very finicky and repeat what you just said. You went to form a contract in purchasing that computer Currys told you they dont have it so at the point no contract is formed?

Then they say well we can see if we can reserve one so now rather than you paying for the computer their offer is to see if they can get one for your money. Which they did (They saw if they could get one)

So whilst I don't think Currys are going to turn around and keep your money I'm not sure how far you stating they broke the contract will get you.

bellypan42

No i didnt sign anything - just got the receipt. And they didn't simply say pay for one and then we will see if we can get one - they located one at another store and emailed the store to reserve it for us to collect. The did this before we paid.

ajones456

I was merely playing devils advocate to what you said.

said they would ask for one to be reserved there for me to collect.

They said "We will ask if we can reserve one for you" and you paid. You also don't have to sign anything to form a contract.

AFAIK the company is not required to give you a model of equivalent spec. Since as you freely admit it was a mistake.

Communication has gone wrong

It wasnt like the company was making you pay knowing they would sell the other one, which would be a violation of the law in the same way that if a company mis prices something (A tv for 19.90 rather than 199, then the retailer does not have to sell it for 19.90 - provided it is a genuine mistake) - In terms of your end if would be no different to you running up to the sales person throwing £300 pound at him and him saying "I have no stock of that"

bellypan42

Thanks for all the advice. Polite persistence paid off. I expressed confidence to the manager that he would be able to resolve the matter. Took delivery today of the computer I had ordered at the price I had paid.