upgrade balls up

Herongull

grumbler wrote: »

They cannot demand, but surely they can *ask*.

I used to believe that it was the case too, but was convinced that it wasn't. Theoretically the shop can sue you if it was an obvious pricing error and you refused to return the item.

OK, yes you are right they can ask/request, but not demand/insist.

In relation to your second point: If there is a pricing error, the shop can refuse to sell you the goods at that price cos pricing is an invitation to retreat not an offer. When you go to pay you are offering to buy the item at that price and when you complete the transaction the shop has accepted your offer.

When you buy goods online, the contract isn't usually completed until the goods as dispatched - most shops make this clear in their T&Cs. If the shop discovers an error in the pricing (or is out of stock) before they dispatch the goods, they don't have to continue.

grumbler

As I said, I used to believe that it was the case too. Now I believe that even *completed* contracts can be declared void under certain conditions.

>> Unpaid bet

And, believe me, Aristotle67 knows what he is talking about.

It's not that I am saying that this was the case for the OP and CPW. It's just your statement that was far too general and categorical.

shaz793

Thanks everyone for ur help I still have the phone cpw are trying to find out why O2 refused my upgrade and are trying to settle this so I can keep the phone although returning the phone has still been mentioned as a possibility by the cpw I am starting to think cpw and O2 jus want it back to cover their !!!!!! lol x

grumbler

shaz793 wrote: »

... I am starting to think cpw and O2 jus want it back to cover their !!!!!! lol x

O2 have nothing to do with the phone. It's CPW's loss.

Bingolingo

If CPW have mucked up I'd say that, in this situation, there's no airtime contract and the OP has obtained an expensive phone for eff all.

There are two parties to the contract: the OP and O2. If O2 aren't interested in honouring the new tariff and minimum term then that leaves the OP in the situation where they can choose to accept that or enforce through the courts.

CPW act as agent for O2 but if they've done something out with their agreed permissions then that's their tough luck. O2 won't be interested in paying CPW and CPW don't have the right to step into o2's shoes and demand payment. Technically they could have a legal remedy through unjust enrichment or equity but I'd be completely surprised if they went down that path.

Sure they could bar the phone but that's unlikely. Only if one of the shop workers calls up the network, circumvents DPA, and reports the handset stolen will that happen.

The store will bear the cost of the loss as the faulty upgrade will either have been the fault of staff or systems.

forgotmyname

Bingolingo wrote: »

If CPW have mucked up I'd say that, in this situation, there's no airtime contract and the OP has obtained an expensive phone for eff all.

Not eff all £29


One for the Grabbit boards? Iphone 5C for £29 at CPW ???