Fraudulent Misrepresentation

darktan

Hi all - need some advice or guidance on this; if an online store offers an item for next day pick-up, while knowing that they will be out of stock for the next 3 weeks, does this meet the requirements of fraudulent or negligent misrepresentation?I know I'm not going to get an official legal answer, but was wondering if anyone has been in a similar situation.

Back story - We wanted a home cinema system by the end of the week, so on Monday I ordered one from Currys PC World, as their stock checker stated that it could be in store by 5pm the next day. In order to carry out the transaction, I purposely bought an e-gift card from an employee benefits program for the exact amount, and placed the order.

I couldn't get to the store on Tuesday night, so went Wednesday morning, and was informed by the staff that it hadn't arrived, and that they didn't know why. They called the customer service line, and were told that they were out of stock, and that they had forgotten to email me about it. The store told me there was nothing else they could do, and that I would have to wait for customer services to contact me.

When I got home, I called customer services, who told me that they would not have any in stock until 16 Aug (three weeks away) - I told them that the only reason I ordered from them was for immediate delivery, and that I wanted to cancel the order. They told me that they would post a gift card, which I stressed I did not want, as I did not want to spend my money with them.

They are refusing to speak to me, or to offer anything other than a gift card - when it arrives, I plan to return it with a formal letter stating that I do not consider it adequate, as they have gained my money through either fraudulent or negligent misrepresentation (telling me they could get the item for me by tomorrow), and I do not want to conduct any further purchases with them.

In the meantime, they have continued to offer the product for sale with next day delivery, even knocking a tenner off the price. I'm at my wits' end and would appreciate a steer from anyone who may have been in a similar situation.

Thanks

Geodark

Unfortunately you paid via gift card so that the way they are paying you back - they are putting you in the same situation you were before you bought the system. If they paid you in cash for the full amount then they would be putting you in a better position as when you bought the vouchers you will have got a discounted price on them.

darktan

I'm willing to take the amount I paid for the vouchers as a refund - just as long as I don't have to spend it with them. They got me to spend money with them under false pretences, and are now saying that I either give them my money for one product or another, or lose out on almost £200.

k3lvc

darktan wrote: »

I'm willing to take the amount I paid for the vouchers as a refund - just as long as I don't have to spend it with them. They got me to spend money with them under false pretences, and are now saying that I either give them my money for one product or another, or lose out on almost £200.

Or wait until 16th August ?

Blackbeard_of_Perranporth

darktan wrote: »

Hi all - need some advice or guidance on this; if an online store offers an item for next day pick-up, while knowing that they will be out of stock for the next 3 weeks, does this meet the requirements of fraudulent or negligent misrepresentation?I know I'm not going to get an official legal answer, but was wondering if anyone has been in a similar situation.

Back story - We wanted a home cinema system by the end of the week, so on Monday I ordered one from Currys PC World, as their stock checker stated that it could be in store by 5pm the next day. In order to carry out the transaction, I purposely bought an e-gift card from an employee benefits program for the exact amount, and placed the order.

I couldn't get to the store on Tuesday night, so went Wednesday morning, and was informed by the staff that it hadn't arrived, and that they didn't know why. They called the customer service line, and were told that they were out of stock, and that they had forgotten to email me about it. The store told me there was nothing else they could do, and that I would have to wait for customer services to contact me.

When I got home, I called customer services, who told me that they would not have any in stock until 16 Aug (three weeks away) - I told them that the only reason I ordered from them was for immediate delivery, and that I wanted to cancel the order. They told me that they would post a gift card, which I stressed I did not want, as I did not want to spend my money with them.

They are refusing to speak to me, or to offer anything other than a gift card - when it arrives, I plan to return it with a formal letter stating that I do not consider it adequate, as they have gained my money through either fraudulent or negligent misrepresentation (telling me they could get the item for me by tomorrow), and I do not want to conduct any further purchases with them.

In the meantime, they have continued to offer the product for sale with next day delivery, even knocking a tenner off the price. I'm at my wits' end and would appreciate a steer from anyone who may have been in a similar situation.

Thanks

Oh dear. If you need it that quick, remember the seven P's

darktan

So your plan would be to let the company treat you however they want... Glad that you've decided to take your time to make absolutely no positive contribution to the discussion.

Gavin83

There is no way they'll refund you via a different method than what you paid with, I'm not even sure they're legally allowed to do this.

Can you not just get another system? The home cinema systems will all be universally crap from Currys anyway so I doubt you'll notice much difference. I figure the kind of person who'd buy a home cinema system from Currys isn't that fussed about the quality anyway, they just want an improvement over their TV speakers.

waamo

They are acting perfectly legally. It might not be want you want to hear but that's the way it is.

pinkshoes

darktan wrote: »

I'm willing to take the amount I paid for the vouchers as a refund - just as long as I don't have to spend it with them. They got me to spend money with them under false pretences, and are now saying that I either give them my money for one product or another, or lose out on almost £200.

That is incorrect.

Yes, they have messed you around, but Currys have put you back in the same position as before.

Perhaps ask for a gift voucher for being messed around?

Your options are:

1. Exchange the voucher for a different type from the employer scheme you bought it from, or ask for a refund. Often they will do this if you explain the circumstances.

2. Sell the currys voucher online.

3. Wait for it to be in stock

4. Buy a different (better) surround sound and ask Currys to split the difference.

k3lvc

darktan wrote: »

So your plan would be to let the company treat you however they want... Glad that you've decided to take your time to make absolutely no positive contribution to the discussion.

You've invested too much emotion in this and complicated matters by using a discount gift card (very Money Saving but often comes with complications/non-financial costs)

If the 'thing' physically doesn't exist your options are

a) wait until it does (and hopefully take advantage of the £10 lower price)
b) get a refund onto your gift card and wait until there's something else you want to buy from Currys
c) try and sell gift card (but fraught with danger/risk)

ScorpiondeRooftrouser

darktan wrote: »

I'm willing to take the amount I paid for the vouchers as a refund - just as long as I don't have to spend it with them. They got me to spend money with them under false pretences, and are now saying that I either give them my money for one product or another, or lose out on almost £200.

They did not "get you" to buy the gift card. They had absolutely no input into that transaction; you went and made it without consulting them. It was entirely your choice to do so.

They are reverting the second transaction, the one that they did have an influence on.