Purchased Item lost during delivery, Can I ask for another of equal specification?

saayinla

Hi All,

I purchase a 32" Tv from Tesco at a very good price just about £160 and item was honoured for all who ordered until it went out of stock, it was despatched for next day delivery however the TV failed to arrive. Yodel claimed it was left with my neighbor however the neighbor in question hardly ever at home and I am the one who actually receives parcel for the said the said neighbor, but I check with the neighbor anyway and it was not there. I was home all day on the said day but I was sure there was not yodel driver about.

Tesco are still investigating and I dread them coming back to me asking to refund my payment as I really do want the TV and if buying similar TV else where would definitely cost loads more.

Can I insist on another comparable TV rather than a refund?.

Cornucopia

I think you can ask, but not insist. If they refund you, you will not be out of pocket.

There must be similar deals available elsewhere - have you looked at Richer Sounds? http://www.richersounds.com/product/tv---all/sharp/lc32ld145k/sharp-lc32ld145k

saayinla

Cornucopia wrote: »

I think you can ask, but not insist. If they refund you, you will not be out of pocket.

There must be similar deals available elsewhere - have you looked at Richer Sounds? http://www.richersounds.com/product/tv---all/sharp/lc32ld145k/sharp-lc32ld145k

Thansk for your reply, The actual TV in question can be found on here

Cornucopia

saayinla wrote: »

Thansk for your reply, The actual TV in question can be found on here

Nice........

frugal_mike

When do the terms and conditions say a contract is formed? If there is a contract in place then i think you can claim loss of bargain. They would have to put you back in the position you would have been if the contract hadn't been breached, which would be in possession of a tv for £160. You could find the tv elsewhere and claim the difference from them. You would have to mitigate your losses though, so would have to find the cheapest deal possible.

bris

frugal_mike wrote: »

When do the terms and conditions say a contract is formed? If there is a contract in place then i think you can claim loss of bargain. They would have to put you back in the position you would have been if the contract hadn't been breached, which would be in possession of a tv for £160. You could find the tv elsewhere and claim the difference from them. You would have to mitigate your losses though, so would have to find the cheapest deal possible.

No loss of bargain here, the contract was complete and the order accepted.

The problem now lies with the missing package, this is now a seperate claim and the OP should only be put back to their original position as the problem was created by a third party outside the vendors control.

halibut2209

A 3rd party employed by Tesco and has nothing to do with the OP.

If the contract is complete, then Tesco must honour it and then seek to reclaim from the 3rd party if necessary.

But as you've previously demonstrated on many an occasion, consumer law isn't one of your strong points.

frugal_mike

bris wrote: »

No loss of bargain here, the contract was complete and the order accepted.

The problem now lies with the missing package, this is now a seperate claim and the OP should only be put back to their original position as the problem was created by a third party outside the vendors control.

Loss of bargain as i understand it is a measure of damages due after a breach of contract. Are you saying Tesco have not breached the contract here? Loss of bargain could not apply before the order was accepted because there was no contract at that point so there could be no breach.

MamaMoo_2

OP, this may interest you re: Tesco, contract formation and their stance on loss of bargain

https://forums.moneysavingexpert.com/discussion/4752733

saayinla

That is a great link you ve shown.

saayinla

frugal_mike wrote: »

When do the terms and conditions say a contract is formed? If there is a contract in place then i think you can claim loss of bargain. They would have to put you back in the position you would have been if the contract hadn't been breached, which would be in possession of a tv for £160. You could find the tv elsewhere and claim the difference from them. You would have to mitigate your losses though, so would have to find the cheapest deal possible.

As far as mitigating loss is concerned, apart from Ebay where it sells for £270 upward the only other site where it is available is going for £379, would ebay be acceptable?