Refusal to refund deposit/part payment for Pram

gik

bris wrote: »

Why? They are entitled to loss of profit, this is the amount they would make on the sale as if the contract was not rescinded, after mitigating their loss.


Contracts are binding on both parties, they are not to be entered into lightly.

Links to any legislation? No you can't because you are wrong? You repeatedly get things wrong and refuse to reply when challenged....WHY?

stevemLS

As it was, ultimately, ordered over the phone, can the OP not have it delivered and then return under the new Consumer Contracts etc etc Regs?

gik

gik wrote: »

Links to any legislation? No you can't because you are wrong? You repeatedly get things wrong and refuse to reply when challenged....WHY?

Hello? You have no real credibility now. You are a failure yet again.

jaydizzy

Thank you all for your time and advice, I'm hoping to rely on consumer protection laws and the right to refund/cancel on an order and the additional protection offered under the re-hashed old distance selling laws. Ultimately it will be a small claims matter, a risk but on principle I believe with fighting for.

George_Michael

stevemLS wrote: »

As it was, ultimately, ordered over the phone, can the OP not have it delivered and then return under the new Consumer Contracts etc etc Regs?

No.
For the right of cancellation to apply, the contract must have been carried out completely at a distance (up until the contract becomes binding).
As the OP went to the shop to view the pram before placing the order over the telephone, they had an opportunity to inspect the goods at this time.
The exact wording used in the regulations is:

“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

Hintza

jaydizzy wrote: »

, a risk but on principle I believe with fighting for.

So your word is not your bond?

Marktheshark

Any contract which places the consumer at a unfair disadvantage is a void contract.
They can only keep what they can account for and prove in court as a loss.

Letter before action them for the full amount and see what they come back with.

hollydays

jaydizzy wrote: »

Thank you all for your time and advice, I'm hoping to rely on consumer protection laws and the right to refund/cancel on an order and the additional protection offered under the re-hashed old distance selling laws. Ultimately it will be a small claims matter, a risk but on principle I believe with fighting for.

Was this a small shop or a large company?

wealdroam

Marktheshark wrote: »

Any contract which places the consumer at a unfair disadvantage is a void contract.

I don't think that is quite right, is it?

From the Citizen's Advice website:

What is the effect of an unfair term?

Even if a contract term is unfair, the rest of the contract is normally valid unless the contract is unworkable without that term.

Money-Saving-King

wealdroam wrote: »

I don't think that is quite right, is it?

From the Citizen's Advice website:

Unfair is subjective anyway. Almost every other thread here see's people posting they've been treated unfairly when in fact they haven't. The most common one being owned an item for at least a year, it going wrong then being given a proportional refund where people often claim this is unfair when obviously it isn't.