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Tricky Return

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  • shak2
    shak2 Posts: 118 Forumite
    Bantex wrote: »
    Yes they could, unlikely to keep it up for long though.

    What would stop them since it appears to be perfectly legal to do it?
  • tomtontom
    tomtontom Posts: 7,929 Forumite
    shak2 wrote: »
    What would stop them since it appears to be perfectly legal to do it?

    It would need to be a very high cost item to outweigh the costs of postage, processing, damage to reputation etc.
  • shak2 wrote: »
    What would stop them since it appears to be perfectly legal to do it?

    It's not legal at all.
    Selling items that are known to be faulty "by mistake" with the sole intention of getting money to invest and then profit from the interest gained is fraud.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    shak2 wrote: »
    What would stop them since it appears to be perfectly legal to do it?

    It is 'perfectly legal' to make mistakes.

    Habitually selling faulty goods is an offence.

    You might want to read what the CAB say:
    Misrepresentation

    If a business seller makes a false statement to persuade you to buy goods, they may have committed a criminal offence. You may want to report the trader to Trading Standards who have power to investigate this type of offence. For example, a trader selling burglar alarms may falsely tell you that you need an alarm because there is a higher than average rate of burglaries in your area.

    If you think you've bought something because of a false statement made by a business or private seller, you may have the right to end the contract and get a refund. The law that gives you this right is the Misrepresentation Act 1967.
  • OlliesDad
    OlliesDad Posts: 1,825 Forumite
    shak2 wrote: »
    What would stop them since it appears to be perfectly legal to do it?

    Bear in mind that the 1 months interest on a £100 item would be approx 42p if using a generous interest of 5%.That wouldn't be enough to cover the postage, then throw in processing etc.

    In addition, the company would get a shocking reputation and not get any customers anyway.
  • munchpot
    munchpot Posts: 215 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Must admit this is fast becoming one of my favourite pages on MSE at the moment.
    12 pages later, virtually every response saying the same thing and yet the thread still grows by the hour!
  • shak2
    shak2 Posts: 118 Forumite
    (i) LOSS OF BARGAIN

    Damages for loss of bargain are assessable to put the plaintiff, so far as money can do it, in the same situation as if the contract had been performed. For example, in a contract for the sale of goods which are defective, the plaintiff will (under this head) be entitled to damages reflecting the differences between the price paid under the contract and the actual value of the defective goods.

    Does loss of bargain only apply if you DO NOT RETURN the faulty item or does it also apply if you DO return the defective item?
  • RosiPossum
    RosiPossum Posts: 519 Forumite
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?????????????
  • shak2
    shak2 Posts: 118 Forumite
    RosiPossum wrote: »
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?
    What remedy do you want?????????????

    The remedy I want is the item.
  • jkkne
    jkkne Posts: 167 Forumite
    Since this is clearly one big troll of a thread....

    If we tell you what you want will you accept it?

    594_500_csupload_58422394.jpg
This discussion has been closed.
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