Section 75 Consumer Credit Act

chanz4

prove where the advert was,

akhan39

Thanks for all your comments, so correct me if I am wrong that if a company advertises a product with an offer and later on down the line you have no proof of that offer, it means you have not got a leg to stand on and the company gets to keep your money. That I would say is daylight robbery and a classic example of white collar crime. Surely there must be a law against this.

Crabman

akhan39 wrote: »

Thanks for all your comments, so correct me if I am wrong that if a company advertises a product with an offer and later on down the line you have no proof of that offer, it means you have not got a leg to stand on and the company gets to keep your money. That I would say is daylight robbery and a classic example of white collar crime. Surely there must be a law against this.

It is daylight robbery and this is why I save each stage of a purchase process using Microsoft OneNote. You can also install a free PDF printer (e.g. Primo PDF) and save each stage.

Quite recently I had to use this against a large firm in a dispute as they claimed there was "no evidence to support my claim." Their unrelenting and rather condescending stance magically changed into a cheque accompanied by a blank letterhead when I provided evidence I saved from the purchase process.

Do you feel others may have seen and used this offer? If you use Google to search for results within a recent timescale you may find others who have posted on other websites. Even if the company involved have received multiple claims from people, they'll play dumb and cover it up. They certainly won't be eager to tell you or your credit provider about them.

In absence of any solid evidence, I suggest you note down as many characteristics of the advert as possible, e.g. the colours used, the text, the size, etc. as it will help. Did you find anything on the link stator provided? You may be able to find something on google cache. Good luck.

chattychappy

derps wrote: »

If it was just an advert and wasn't actually incorporated into the contract, I'm wondering if the OP could claim he was induced into the contract by relying on a misrepresentation (assuming the advert was from the seller). Might be worth a shot.

Yes, that is a possibility - though usually for something like a cashback, it's either in the contract or it's not. Misrep is more typically something stated about what you are buying which turns out not to be true.

If "going legal", it is sometimes worth arguing something "in the alternative" - ie argue it both ways and that's quite common in situations such as this.

dazza.mk

akhan39 wrote: »

Thanks for all your comments, so correct me if I am wrong that if a company advertises a product with an offer and later on down the line you have no proof of that offer, it means you have not got a leg to stand on and the company gets to keep your money. That I would say is daylight robbery and a classic example of white collar crime. Surely there must be a law against this.

Of course a lot of adverts for technology products include cashback offers direct from the manufacturer, effectively on purchasing the product you form 2 contracts, 1 with the retailer & 1 with the manufacturer for cashback under their advertised terms. Although the retailer may advertise the cashback offer it isn't actually anything to do with them, so no daylight robbery.

Aquamania

akhan39 wrote: »

Hi there,


I bought a laptop using my credit card at the time of the purchase the company where advertising an offer price with cashback.To cut along story short when I tried to make the claim for cashback they did not have any record of the cashback offer. I then went to credit card customer dispute team but they refused to carry my case forward as I did not have any proof of the cashback offer. I explained to them that the only proof I have is the receipt ,the offer itself was just an advert on the screen at the time of the purchase. Can anyone please give me advice on how I take this dispute forward. I believe that I have been misled by the company and they should not get away with it.Thanks in advance,:mad:

As MSE Martin says, cashback is not guaranteed until it's in your bank account.

But if you can find proof the deal included cashback (and you complied with the terms) then you could try a small claims for the money.

Edit: forgot to clarify, against the cashback provider!