Tesco direct order cancelled AFTER notification ready to collect in store

halibut2209

It's a difficult one. The contract by law is complete, so the OP should have the camera and Tesco should have £55

"Loss of Bargain" states that the OP should be in the same position as if the breach had not occurred. In this case, that position is with camera and without £55

"breach had not occurred" is different from "contract was not formed"

meanmum

Thanks for all the advice guys. I have now been sent a full refund, but I still really would have preferred the camera. I spoke to customer services to explain what happened, and said I thought we might have had a contract. They understood and were really responsive, going to check the situation with a manager & then rang me back, & suggested that as the camera is now out of stock, they will give me another £55 to buy it from elsewhere, at the cheapest price they could find (Amazon). I didn't have to be too pushy with them, and they were very polite and helpful. I'm very happy with this outcome.

frugal_mike

That's a great outcome. I was definitely expecting them to put up more of a fight then that.

halibut2209

Awesome (and correct!) result. It's not often we get a genuine 'loss of bargain' case, but their T&Cs here made it quite clear when the contract was concluded. And good on you for not accepting the refund.

meanmum

I was really surprised it was so easy. But I asked nicely and they replied equally politely. Maybe they would have put up more of a fight if I'd gone in "all guns blazing".

Valli

Thank you for the update - and I'm so pleased you got the result you did. I'm all for asking nicely...I find it very effective!

halibut2209

Indeed. Big companies will get 100s of complaints daily and 90% of them will be ridiculous (notalwaysright.com). So a kind word and an understanding that you are talking to a human being can often yield wonders.