mothercare deposit cancellation

nuts21

I ordered a nursery set from Mothercare weeks ago, they told me it was in stock and I paid 10% deposit to hold it on their baby plan. I have now had as call this morning to say head office have said not enough stock and so they are now calling to cancel. What are my rights on this? Thanks.

Slowhand

A refund of what you've paid.

nuts21

Thanks, I was hoping I would be able to fight it as they had taken my order

Valli

nuts21 wrote: »

I ordered a nursery set from Mothercare weeks ago, they told me it was in stock and I paid 10% deposit to hold it on their baby plan. I have now had as call this morning to say head office have said not enough stock and so they are now calling to cancel. What are my rights on this? Thanks.

nuts21 wrote: »

Thanks, I was hoping I would be able to fight it as they had taken my order

Fight for what? They cannot sell you what they haven't got!

malchish

nuts21 wrote: »

Thanks, I was hoping I would be able to fight it as they had taken my order

Yes, you can fight. They are in breach of contract. By taking your deposit, they confirmed that they entered into a binding contract.
Any term that seems to free them from this could be classed unfair.

Buy the same item in the different place and claim for the price difference. If they refuse to pay it, fill in the moneyclaim online.
They will pay.

Valli

OP some of the advice you have been given will cost you. To fight, as has been suggested, you would need to bring a claim for breach of contract, in court, with attendant costs.
If the court finds against you you could end up paying your own legal costs and those of the defendant.

Up to you.

Malchish has a posting history in which he/she often advises people to sue and fight companies in court. You need to ask yourself whether you, as a private individual, wish to fight, in court, to 'force' Mothercare to sell you something they cannot now supply.

malchish

Valli wrote: »

OP some of the advice you have been given will cost you. To fight, as has been suggested, you would need to bring a claim for breach of contract, in court, with attendant costs.
If the court finds against you you could end up paying your own legal costs and those of the defendant.

Up to you.


Malchish has a posting history in which he/she often advises people to sue and fight companies in court. You need to ask yourself whether you, as a private individual, wish to fight, in court, to 'force' Mothercare to sell you something they cannot now supply.

This poster (probably paid, judging by the number of their posts) is very afraid that you will know the truth:
Yes, you will win, It will cost you nothing - only initial small court fee - about £25, (because your claim for the price difference is very likely to be small). No attendant fees are payable.
If your claim is under £10000, it will be usually in a small claims court . If your claim is under £1000, it will certainly be small claims. You can fear no costs.
You will win anyway - likely they will settle well before the hearing.
Posters who are talking the nonsense about "attendant" fees are just trying to intimidate you.

Small claims courts are designed for private members of the public.

Valli

And your assumption that posters are paid is based on what, exactly?

OP up to you - if you want to take the advice of delusional idiots there's nothing to stop you.

No posters on MSE are paid; other than those employed by MSE who post with usernames which begin with MSE, eg MSE Andrea and MSE Dan; even the board guides are volunteers.

malchish

Dear OP,
Start with writing to the headoffice, tell them that they are in breach of contract, tell them that you will be buying the same furniture for £... elsewhere (it must be true and genuine price and you must be genuinely willinmg to purchase from them), and ask for the price difference.
Send the letter recorded delivery to the head office.
Include your tel.nimber.

Soon you will get a call from Mothercare headoffice, and they will offer you some compromise. If it is reasonable offer, just agree.
If not - proceed with "letter before action".
If they do not satisfy you in the following 2 weeks - fill the moneyclamonline form.

You have NOTHING to lose.

ThumbRemote

malchish wrote: »

You have NOTHING to lose.

The difference in cost may be negligible. It may end up taking the OP many hours for the case. They may find taking it to the small claims court stressful.

Some things are not purely financial, and it may be the OP decides it's not worth the hassle for the amount of money involved.

Valli

malchish wrote: »

Asking whether you are paid is an attack ?It is not.

Just honestly tell us.

This question has already been answered, by me, further up the thread.