mothercare deposit cancellation

peachyprice

nuts21 wrote: »

I paid 10% deposit to hold it on their baby plan.

malchish wrote: »

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

I think the 'baby plan' would have been the deciding factor rather than the price, otherwise OP wouldn't have bothered mentioning it.

fluffnutter

malchish wrote: »

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.

What a load of ridiculous nonsense.

bris

nuts21 wrote: »

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

Valli wrote: »

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.

Sorry Valli, but as you can see the op asked a direct question on how he/she can fight it and the fact is if he/she wants to then they would win. The court can't decide against the law, but your right if it is frivolous then costs may not be awarded so careful consideration would be needed to decide if the claim was worth it or not.

fluffnutter wrote: »

What a load of ridiculous
nonsense.

This is simple contract law regarding "offer and acceptance" I would have though a regular on here like you would know this one by now, unless of course you can show why it's a load of ridiculous nonsense.

OlliesDad

bris wrote: »

This is simple contract law regarding "offer and acceptance" I would have though a regular on here like you would know this one by now, unless of course you can show why it's a load of ridiculous nonsense.

In order to make a statement like "This is simple contract law" have you read the terms of the contract?

As far as i understand it, the Baby Plan is similar to a savings club where the parents put money away each month and are free to add or change products freely or even get all the money back if they change their mind at any time.

unholyangel

malchish wrote: »

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.

You do realise that there is more to bringing a claim than just the filing fee, right?

Slowhand

bris has far too many posts. Is he being paid by malchish?

fred7777

nuts21 wrote: »

What are my rights on this? Thanks.

First off you have a right to a refund which they will give you.

You could try and sue for breach of contract but if they refund what losses have you incurred?

This is a money saving forum though so rather than fighting them why not make the most of the opportunity. Try writing to them expressing your disappointment that they can't deliver what they promised and ask them for some money off an alternative Mother Care set as a goodwill gesture.

oldoakey

Wow talk about the claim culture, you ordered they tried to supply and cannot for whatever reason your not aware of. They are offering a full refund but you want compensation - unbelievable.

You would not stand a chance in court the judge would laugh you out of the building.