Tricky Return

shak2

DCFC79 wrote: »

They refunded per the last available option open to them.

Yes we discussed that option yesterday, but I want to ask:

(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.

Why does loss of bargain not apply here? It seems like a perfect fit.

wealdroam

shak2 wrote: »

Yes we discussed that option yesterday, but I want to ask:

(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.

Why does loss of bargain not apply here? It seems like a perfect fit.

Yes and we discussed that option on Saturday.

See posts 43 onwards.

OlliesDad

shak2 wrote: »

Yes we discussed that option yesterday, but I want to ask:

(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.

Why does loss of bargain not apply here? It seems like a perfect fit.

Why don't you put this to the retailer?

I think it's clear that everybody on here (apart from a couple) agree there is nothing else you can do. Arguing on here and repeating the same comments will not get you anywhere - I recommend sending your complaint to the retailer and then if you still feel that you have a case, raise a claim.

shak2

OlliesDad wrote: »

Why don't you put this to the retailer?

I think it's clear that everybody on here (apart from a couple) agree there is nothing else you can do. Arguing on here and repeating the same comments will not get you anywhere - I recommend sending your complaint to the retailer and then if you still feel that you have a case, raise a claim.

The retailer said they won't talk to me anymore because the case is closed for them. Also, it's not arguing, we are just discussing the options available.

Claiming under loss of bargain is my best option then?

I see you all become quiet when I'm right but are quick to say when I'm wrong.

bod1467

I haven't read every post, but I'm sure it will have been said that Loss of Bargain is notoriously difficult to prove, and the ONLY way you'd gain from it is by suing the retailer and claiming loss of bargain.

So ... unless you DO do so then any other discussion in this respect is pointless.

halibut2209

I think most people are just ignoring you

eysha

I bought the TZ30 travel camera from John Lewis' store 16months ago and it is now reporting a zoom fault and won't work? I took it back to the shop today only to be told that since it only came with a one year guarantee then tough. As a camera should last a lot longer than 16 months don't I have rights? doesn't the EU say fir for purpose for 2 years? any advice would be good. thanks.

shak2

bod1467 wrote: »

I haven't read every post, but I'm sure it will have been said that Loss of Bargain is notoriously difficult to prove, and the ONLY way you'd gain from it is by suing the retailer and claiming loss of bargain.

So ... unless you DO do so then any other discussion in this respect is pointless.

By suing do you mean small claims court or the big court?

halibut2209

eysha wrote: »

I bought the TZ30 travel camera from John Lewis' store 16months ago and it is now reporting a zoom fault and won't work? I took it back to the shop today only to be told that since it only came with a one year guarantee then tough. As a camera should last a lot longer than 16 months don't I have rights? doesn't the EU say fir for purpose for 2 years? any advice would be good. thanks.

Please start your own thread

unholyangel

shak2 wrote: »

By suing do you mean small claims court or the big court?

For the value involved, it would be the small claims. £25 filing fee if done online and £30 hearing fee (works on a sliding scale dependent on the claim value).

Do remember that the burden of proof will be on you.