Breach of Contract

Rashidhussain69

Hi, I was wondering if I could get some help with an issue I have.

On the 6th June 2014 I attended a show and I ended up giving my card details to an exhibitor. Got hustled into a mattress which costs £1000. The exhibitor couldn't process the £300 deposit as the machine wasn't working and subsequently took £300 on 16 June 2014. No signatures, no contracts signed. A few days later I called them as I had changed my mind and said I wanted to cancel so please don't process the £300 deposit, to which the lady obliged. On the 20 March 2015 I record an invoice for £300 and a covering letter from the company stating they had tried to contact me several times to arrange delivery and payment for the remainder and as I took a free faux throw on the 6th June 2014 they had billed me for that. The faux fur throw allegedly retails for £300.

I never took delivery of a mattress nor did I take a faux fur throw. They claim they gave me one on the day for free. I asked them can you provide me with proof, like proof of acceptance. I'm not in business but I wouldn't be giving away something for £300 without getting a customer signature.

I've spoken to trading standards and they tell me it's breach of contract.

What should I do?

Thanks

daytona0

Well, I don't know about the mattress issue because you may have entered a VERBAL contract with the company. From the wording of your post it isn't clear if the purchase was cancelled BEFORE or AFTER the 300 deposit was paid, and that may be important.

As for the faux fur throw thing, it sounds like you'd have a strong case against the company as they would have given you that item without payment but you have never received the mattress. Why would they hand over a 300 pound item for free but wouldn't hand over a mattress which had (or nearly had) a deposit on it? Even so, they have no proof that a contract was agreed for it (or do they?).

P.S. but if trading standards say that it is "breach of contract" then you have to consider that a contract may exist, in which case the nature of any such breach would need to be explored.

Probably a good idea to speak to trading standards again and ask them what you can do. Otherwise, I would say just either write back with your final position or ignore it if you feel that you'd have a strong case in court (should they decide to take you to court!). Ultimately you don't think that you have to pay, but the company does. This sort of impasse may need the courts to resolve it.

agrinnall

I can't see why you would accept TS telling you that it's breach of contract when you are adamant that there is no contract.

Personally I'd ignore it until you receive court papers, and then consider seeing a solicitor.

cookie365

You had a contract with them, but they agreed to cancel the contract. The evidence is the refund. And if you're lucky your phone record of the call.

It's up to them to demonstrate otherwise on the balance of probabilities, and it's difficult to see how they would persuade a court of that.