Can a company sell something twice?

JaneHollin

Hi All

I would like to ask a question (to all you legal experts) as I've looked on google for ages and can't find the answer.

Can a company sell the same thing twice?

It's not really a "thing" but rather it's a place on a course.

I booked a weekend course with a company (1st aid) and paid the full amount of £80. I had to cancel as my mum was ill. I told the company but they said the T&C's said there were no refunds.

I thought this was Ok as it wasn't their fault I cancelled.

But then they sold my place on the course to someone else. I know this as it was full after I booked and I know the person who booked after I cancelled.

I asked for a refund but they said no.

This may be right (I don't know) but is there a specific law about this. If I pay for a place on the course then can they resell it as it's mine (maybe)

I don't have a clue if there is a law as whenever I google this all I can find are people complaining about things they bought on ebay.

Thank you

Jane

bris

No, they mitigated their loss, if the course is full and their is no more spaces they must refund or it's classed as a penalty.


They are allowed to deduct any reasonable expenses (if they have any) such as re advertising the space etc.


Their may however be a clause such as ongoing courses where they are so busy they can just move people forward etc, the full details would be for the court to decide.

JaneHollin

Thank you for answering.

I have written to them twice but they keep saying it's in the T&C's.

Do you know if there is a law that's stops them doing a penalty.
Sorry I don't know the correct legal phrase

InsideInsurance

English law follows the basic principle of indemnity and not punitive damages (ie only actual losses are allowed and no awards are made to punish the defendant). This however can be slightly complicated by liquidated damages (see http://www.eversheds.com/global/en/what/articles/index.page?ArticleID=en/Local_government/Developments_in_the_law_relating_to_penalty_clauses) which are admissible in law.

They can only keep from you what you have cost them. You'd have to check that your friend wasnt moved slot rather than being a new booking. Have to check that it was indeed sold out and they havent just increased the class size. Of your £80 you may get some back if you can prove all of these but a reasonable admin fee plus any marketing costs can be deducted along with and discount they may have had to give your friend to get them to take the course short notice etc

unholyangel

JaneHollin wrote: »

Thank you for answering.

I have written to them twice but they keep saying it's in the T&C's.

Do you know if there is a law that's stops them doing a penalty.
Sorry I don't know the correct legal phrase

Unfair Contract Terms Act and Unfair terms in consumer contracts regulations.

This document may provide useful reading:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284426/oft311.pdf