Futon Company HELP

mooncalf

hi there,

About few weeks ago i went to futon company in leeds this was two days before their sale was going to end. Me and my husband liked this table which was on sale from £149 to £129. We were advised that the price would go up and if we wanted it at that price we had to pay for it there and then but because they were out of stock as this was a "stock item" they would be able to get it in in 3 weeks (their next delivery day). So we paid for it on our credit card. We received a phone call from them two days ago for us to pic up our table. When we got to the store we saw that the table had now been reduced to £119. So we advised the manager of this fact and that since we have not completed the sale and taken the item home we should be offered the new reduced price. He refused and so we said we wanted to cnacel our order and di not want the table. He advised us that this was not possiible and that he was not even authorised to give refunds as he "did not control the financial aspects of the company". And the only thing we could do was write to head office. Does this seem reasonable? Anyone had any similar experiences and/or know where we stand in terms of law/being jobsworth?


any help appreciated.
mooncalf

trace-j

If the table has been charged to your credit card or ordered especially then there is a legally binding contract. There is something called 'loss of bargain' that solicitors like to try and argue- but I don't know much about it. You can also argue misrepresentation, the assistant's representations induced you into the contract.

As likely a binding contract you can't cancel and get a refund, if you did the Futon Company would be entitled to some compensation for loss of sale.

Where the assistant said "he didn't have control of the financial aspects of the company" that sounds about right. At the time of sale he made the statement to you it probably was true as the computer records wouldn't show post sale price. Could be possible the Futon Company won't continue the table so has been reduced again to make way for further stock.

At the very least its worth a letter to their Head Office alleging misrepresentation/loss of bargain (whatever this is) and see what happens. Other than that not much you can do.

juno

Loss of bargain is where you order something for say £10, and the company take your money but then cancel the order. Then, the only place you can buy it from is charging £20.