mothercare deposit cancellation

peachyprice

malchish wrote: »

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.

OP hasn't actually said that she wanted the furniture from Mothercare because it was cheapest, what does she do if it's the same price everywhere else as it is at Mother care, sue for £0?

tinkerbell28

Op I was in a similar position once. Not mothercare, however a cancelled order, due to no more stock. I was angry as they dragged their feet over refunding.

So I did take PROFESSIONAL advice from various sources. Basically, the company should inform you as soon as they realise they can't deliver. They then have 30 days to refund you in FULL any monies paid.

Technically you could have an angle for breach of contract. However, they have fulfilled their consumer duties if they refund you in 30 days. So I was advised by both people I took advice from. That using this line was not in my best interests unless they failed to refund. As one I couldn't quantify a loss. As long as they refunded me in full and met their consumer obligations. I had no loss. It could also be seen a frivolous claim, which could get thrown out and see me hit for costs.

I just wanted my money back to buy elsewhere. Which after seeking advice I got back....bang on day 30 :rotfl: otherwise it would've gone further.

I'd think very carefully about "taking this further" on the whim of someone who seems very angry and not entirely clued up on how it all works.

malchish

ThumbRemote wrote: »

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.

True! If it is negligible, it is not worth the hassle. The same for Mothercare - their managers are not fools, and they will want to avoid the hassle/dispute. So it will be easier for them to agree to, for example, make a small discount on another item in their stock and make the buyer happy.
No reasonable company would send their people to court over a negligible amount. Therefor it is more likely that the customer will get what he/she wants without the hassle of going all the way to the court.

It is worth bearing in mind as well, that a small claim online is notr hassle - filling in the form takes about the same time as making a single port on here.
Emailing letter begore action also takes about 5 min.
It could be worth spending an hour of your time to et a £100 price difference settlement. It is up to OP to decide.

But nobody should tell the OP that he/she is not entitled to damages for breach of contract. This would be dishonestly misleading.

malchish

tinkerbell28 wrote: »

Op I was in a similar position once. Not mothercare, however a cancelled order, due to no more stock. I was angry as they dragged their feet over refunding.

So I did take PROFESSIONAL advice from various sources. Basically, the company should inform you as soon as they realise they can't deliver. They then have 30 days to refund you in FULL any monies paid.

Technically you could have an angle for breach of contract. However, they have fulfilled their consumer duties if they refund you in 30 days. So I was advised by both people I took advice from. That using this line was not in my best interests unless they failed to refund. As one I couldn't quantify a loss. As long as they refunded me in full and met their consumer obligations. I had no loss. It could also be seen a frivolous claim, which could get thrown out and see me hit for costs.

I just wanted my money back to buy elsewhere. Which after seeking advice I got back....bang on day 30 :rotfl: otherwise it would've gone further.

I'd think very carefully about "taking this further" on the whim of someone who seems very angry and not entirely clued up on how it all works.

What you are saying is all true. Quantifying the loss is very important. So the OP will succeed with damages only if the OP truly buys the similar items elsewhere, and cannot get the price as good as the original price. If something similar is available for about the same price, of course there will be no claim.

It depends entirely on the individual situation. You were given advice for your circumstances, this prescritpion does not necessarily apply to the OP's situation.
Just screaming : "you won't get anywhere" "what do you want more than a refund" etc. is intimidation.
The OP can decide.

tinkerbell28

So when you said she had nothing to lose by filing, you were not right were you?

You could've cost op dearly if she couldn't quantify her loss.

Lots of presumptions, rubbish advice and back peddling on your part.

No one is screaming either. You're the only one trying to intimidate on these parts.

Valli

malchish wrote: »

1)
2)No sane, working, busy person will sit on the forum for up to 5000 posts a year...
They must be paid, or unemployed and bored to death, or with mental health issues.
your posts sound quite sane, clever and have a clear purpose - against consumer rights. So, I conclude.

Are you paid by the way?
Is posting on forums part of your job duties?

My stats are just under 6 posts a day. That doesn't add up to 5000 posts a year.

Not the only thing that doesn't add up.

bris

They are in breach of contract, thats a fact, you would win so Valli is wrong there is no chance of losing.

But as has been pointed out win what? If the furniture is already at the normal price then you can go elsewhere, the difference may be negligable.

The only scenario that would be worth it is if it was half price and they breached the contract and you had to pay full price elsewhere, this is the only reason to really use the "loss of bargain" claim.

Valli

bris wrote: »

They are in breach of contract, thats a fact, you would win so Valli is wrong there is no chance of losing.

But as has been pointed out win what? If the furniture is already at the normal price then you can go elsewhere, the difference may be negligable.

The only scenario that would be worth it is if it was half price and they breached the contract and you had to pay full price elsewhere, this is the only reason to really use the "loss of bargain" claim.

That's unfair - depends how the court feel - there is no guarantee what decision will be arrived at in a court. The court could take the decision that, in bringing a claim for damages the claim was a frivolous one and find for the defendants, given they have advised the OP at the earliest opportunity that they were unable to fulfill the contract.

Moreover there has been no suggestion, from the OP, that the price was actually a bargain; maybe they just chose to use Mothercare as they are a retailer with a good reputation!

Other posters have suggested that there is no cost in bringing a case; this also is not true; although costs can be awarded to the claimant again, they may not be.

malchish

bris wrote: »

They are in breach of contract, thats a fact, you would win so Valli is wrong there is no chance of losing.

But as has been pointed out win what? If the furniture is already at the normal price then you can go elsewhere, the difference may be negligable.

The only scenario that would be worth it is if it was half price and they breached the contract and you had to pay full price elsewhere, this is the only reason to really use the "loss of bargain" claim.

I would have thought, had the furniture been normal price, The OP would not have been upset about the item not being available.

tinkerbell28

I wouldn't say that...never heard of precious first born? Where all the decor has to match otherwise the whole experience is ruined?

They can get very OTT like demanding to fight the retailer, you understand that passion don't you