Halfords - Loss of Bargain Complaint

unholyangel

Tarkus wrote: »

Thanks for all your informed responses so far. Fortunately I don't need profit derived from eBay sales to sustain my living standard and no, all my friends and wern't disappointed that they never got one of these, that said there is still a point of principle and possibly law to be challenged here.

As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"

If you are quoting something, its much more helpful to include a link to the page you are quoting from as its very easy to misunderstand the context of something (especially where law is concerned).

But I think it goes without saying (or at least it should) that in order to have a claim for breach of contract, a contract actually needs to exist.

steampowered

Tarkus wrote: »

there is still a point of principle and possibly law to be challenged here.

This is not a new principle or a new point of law. These sorts of cases have been litigated before the courts for centuries. The very clear outcome is that you can't sue someone for breach of contract if you don't have a contract.

As I understand it, a sale does not necessarily have to be formed to make a claim for Loss of Bargain if you belief this statement "Expectation!loss. The usual measure of damages for breach of contract. It refers to the innocent party's!loss!of a bargain, such as the profits that it would have expected to receive had the contract been performed, less the costs it would have incurred to earn that profit"

"Loss of bargain" damages are a type of damage for breach of contract. You need a contract to claim them!!!

Tarkus

By way of an update, After a long an protracted exchange, Halfords have now conceded that they were wrong, apologised for their actions and offered 2 units at the matched price as way of closure. Based on the fact I ordered 3, I believe this to be a good outcome without the need for ADR or Court action and reinforces that if you persist, you can achieve a mutual outcome.

k3lvc

Tarkus wrote: »

By way of an update, After a long an protracted exchange, Halfords have now conceded that they were wrong, apologised for their actions and offered 2 units at the matched price as way of closure. Based on the fact I ordered 3, I believe this to be a good outcome without the need for ADR or Court action and reinforces that if you persist, you can achieve a mutual outcome.

Bet your mates are well impressed with their additional Christmas presents - but what about the one who missed out :eek:

Tarkus

They value my friendship more than any gift so they won't be dissapointed but hey, let's celebrate a victory for the consumer because isn't that what this forum is about?

[Deleted User]

Tarkus wrote: »

By way of an update, After a long an protracted exchange, Halfords have now conceded that they were wrong, apologised for their actions and offered 2 units at the matched price as way of closure. Based on the fact I ordered 3, I believe this to be a good outcome without the need for ADR or Court action and reinforces that if you persist, you can achieve a mutual outcome.

Thanks for updating your imaginary purchase with an imaginary outcome.

stuartJo1989

Tarkus wrote: »

They value my friendship more than any gift so they won't be dissapointed but hey, let's celebrate a victory for the consumer because isn't that what this forum is about?

Earlier on you said: "all my friends and wern't disappointed that they never got one of these"

So one must beg the question why you have decided to take them up on the offer of "2 units at the matched price as way of closure" given that your friends weren't disappointed/expecting the presents, and Christmas has now since passed (plus, didn't you buy your friends alternative gifts of similar value when you found out about this situation? Seems a bit strange for you to be all or nothing on this sort of thing; either buying your friends a fairly high value item or nothing at all).

And, like the other poster said, will the friend who doesn't receive the pressure washer not be a bit resentful when they find out?! Talk about alienating one of your friends like!

Listen, nobody is that bothered if you are actually flogging them on! It is quite smart and perfectly legal. Just be honest next time like, because the holes in your story are a bit of a distraction.

sharpe106

If one of my friends decided to buy me a gift of a pressure washer, I would be wondering what they are trying to say and I would probably want a new friend if that was there idea of an exciting Christmas present.