Fraudulent Misrepresentation

OlliesDad

The problem is that there were two different transactions here.

1. The purchase of the e-gift card, normally from a 3rd party company who provide employee benefit schemes. This purchase was with cash and went as planned.

2. The purchase from Currys PC World - bought with a gift card, this has not gone to plan so they have refunded you as per your original purchase method.

If you now want a refund of the gift card you will have to speak to the Employee benefits provider and follow their t's and c's.

Manxman_in_exile

OlliesDad wrote: »

The problem is that there were two different transactions here.

1. The purchase of the e-gift card, normally from a 3rd party company who provide employee benefit schemes. This purchase was with cash and went as planned.

2. The purchase from Currys PC World - bought with a gift card, this has not gone to plan so they have refunded you as per your original purchase method.

If you now want a refund of the gift card you will have to speak to the Employee benefits provider and follow their t's and c's.[/QUOTE]


Looks right to me. Sounds to me as if you wanted to buy a home cinema at short notice but chose the worst way of doing so.

powerful_Rogue

Get yourself to Richer Sounds and buy a sound system from there. You won't regret it!

bris

There is no fraud or false pretences, mistakes happen, get over it.

DoaM

Blackbeard_of_Perranporth wrote: »

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

Seven? I only remember 6 of them.

Proper
Planning
Prevents
Pee (actually another word meaning the same thing)
Poor
Performance

KeithP

Proper prior planning prevents pitifully poor performance

dj1471

Presumably you paid less than face value for the gift card, so should have no issue selling it on for the same amount you paid. Try your coworkers in the first instance.

DCFC79

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.

I agree with you that you have been messed around, a mistake happened where they didnt contact you, I always thought the emails to say the item was out of stock was automated.

Ok back on track, you can get the item when its back in stock and use the item or you can carry on to believe you have rights to a cash refund.

Do you not think it soupd be easier to get the item when its back in stock ?

Is it really fraudulent misrepresentation but more a case of a mistake happened. Maybe the system Currys use doesn't send an automated email when an item is oos but needs a person to send the email.

Oh and as for "they got you to spend money" well I assumed you made your choice to choose the payment method.

eddddy

To summarise, I guess you're saying the following:

1. Currys said the had a product in stock

2. You ordered a gift card in order to buy that product

3. Curry's breached the contract by failing to provide the product.

4 As a result of Curry's misrepresentation (1) and/or their breach of contract (3), you have a gift card that is worthless to you

5. So you believe you have suffered a consequential loss as a result of curry's misrepresntation (and breach of contract)


However, to claim consequential losses from Curry's, the loss would have to be reasonably foreseeable by Curry's.

So I think Curry's would argue that they didn't know (or suspect) that you would get a giftcard from your employer specially to buy this product - because it's a very unusual thing to do.

But if you keep pushing, you might get a result.

Cornwall_Nanny

I buy these gift cards via a employer benefits scheme it is the risk you take, once you have parted with your cash the card is the only thing of value & in my experience not refundable as sold to you by a third party. I suggest you either sell the card which you are quite within your rights to do as you have 'paid' for it so it belongs to you or you save it to buy Christmas Presents or other Gifts.