We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
Urgent help needed! Right to cancel query!
Comments
-
Why do you keep spouting this crap, you should know by now loss of profit is a legal entitlement. Google it !!!!!! and learn something.
The loss of profit would only occur if they never sold another water softener.
Anyway, the real solution is to find out where there next show is, and have some fun talking to prospective customers visiting their stand.0 -
The loss of profit would only occur if they never sold another water softener.
Not at all, every lost sale is lost profit. It's not like they're dealing in unique items which people are queuing up to buy.
And the profit element, or mark-up, might well be a very large proportion of the overall price.0 -
They would have to PROVE loss of profit - they can't just make up a number. For many companies this is commercially-sensitive information and they're unlikely to want this made public. That's why very few loss of profit claims are made. So the alternative is provable losses/costs.
And bris - awa an bile yer heid. I've learned plenty - what I've said is NOT spouting crap. How about YOU learn something. (Almost everything you post is from a retailer's perspective and defends their claims - even when they're patently wrong).0 -
Not at all, every lost sale is lost profit. It's not like they're dealing in unique items which people are queuing up to buy.
Exactly, they are not unique items. So the next person that wants a water softener gets the one the OP should have bought, so now no lost profit.What a stupid thing to say. The OP bought the item, it is not the company's fault they don't want it now.
It it the company's fault for having unreasonable T&Cs.
If the company thinks they are reasonable, then they should have no objection to the OP mentioning them to any prospective buyers approaching their stand.0 -
The other factor to loss of profit is ... the company can't have the full profit from the cancelled contract AND retain the item. That is betterment. (They can sell the item to the next customer and make the same profit. Thus they would get 2x profit amount from 1 sale). And they can't just sell the item at cost and claim the full loss of profit from the original buyer - that would mean they weren't taking any mitigating action to limit any losses/costs - ergo they would be behaving unreasonably).0
-
The other factor to loss of profit is ... the company can't have the full profit from the cancelled contract AND retain the item. That is betterment. (They can sell the item to the next customer and make the same profit. Thus they would get 2x profit amount from 1 sale). And they can't just sell the item at cost and claim the full loss of profit from the original buyer - that would mean they weren't taking any mitigating action to limit any losses/costs - ergo they would be behaving unreasonably).
But that's exactly what they can do. They can't claim the full price, only the profit element on the lost sale.
The point is that they can source as many of these items as they need to fulfil orders, they have no real maximum capacity. So it's not like a table at a restaurant where, if they can't fill it they claim loss of profit, but if they can fill it they can't claim loss of profit.
As there is no realistic maximum profit because there is no realistic constraint on supply, then every cancelled sale gives rise to a loss of profit claim.
Of course they'd have to provide evidence of that if they let it go to Court. But the customer's got to make the first move. I reckon they'd probably then settle for handing some money back -- less than their full loss of profit but more than nothing -- to avoid going to trial. And unless the customer can get hold of evidence of the profit margin, they'd do well to accept any reasonable offer of this nature.0 -
But that's exactly what they can do. They can't claim the full price, only the profit element on the lost sale.
The point is that they can source as many of these items as they need to fulfil orders, they have no real maximum capacity. So it's not like a table at a restaurant where, if they can't fill it they claim loss of profit, but if they can fill it they can't claim loss of profit.
As there is no realistic maximum profit because there is no realistic constraint on supply, then every cancelled sale gives rise to a loss of profit claim.
Of course they'd have to provide evidence of that if they let it go to Court. But the customer's got to make the first move. I reckon they'd probably then settle for handing some money back -- less than their full loss of profit but more than nothing -- to avoid going to trial. And unless the customer can get hold of evidence of the profit margin, they'd do well to accept any reasonable offer of this nature.
In law, there is no entitlement to any sum that can be reasonably saved - for example, by finding another customer.
Just as a customer cannot claim for losses incurred when a supplier cancels if they manage to find another supplier who will do the same deal.
Its covered by unfair contract terms (and in general, the principle of mitigation).You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
It it the company's fault for having unreasonable T&Cs.
The OP buys something doesn't have enough money so the seller agrees to three payments and the seller has unreasonable T&Cs?
If you walk in to a shop and buy something you are not automatically allowed a refund if you change your mind.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.7K Banking & Borrowing
- 254.2K Reduce Debt & Boost Income
- 455.1K Spending & Discounts
- 246.7K Work, Benefits & Business
- 603.2K Mortgages, Homes & Bills
- 178.2K Life & Family
- 260.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards