Sold after agreeing item to me

Kev1967

I agreed to buy an item from a shop via email (so in writing) and delivery was arranged for the following week. I had not yet paid for the item or a deposit. I was then contacted a few days later to say it had been sold and collected. Is there anything I can do to complain about this or is it fair game for the company to sell it after agreeing it to me as I didn’t pay yet (was going to pay on the day of delivery)?

[Deleted User]

You can complain about it, but don't expect anything to come of it.

Kev1967

Who would I complain to?

[Deleted User]

The shop. .

Kev1967

I was hoping trading standards

[Deleted User]

They won't be interested.

Kev1967

Okay thanks

bris

You have to ask yourself why you didn't pay to secure the item.


The shop may have thought you were mucking them about so when someone offered them the cash they took it because it was a genuine deal.


I have sold lots of stuff on Gumtree but learned the hard way not to turn away customers who pay over the ones who say they will on a given day only for them to never turn up.


I am pretty sure there will be lots more on here who know that feeling.

Kev1967

Yes you are right. The only reason I hadn’t paid yet was because they wouldn’t let me pay via PayPal goods it had to be with family and friends and they wouldn’t take card payment over the phone so I was trying to figure out a way to pay that didn’t strip me of my rights.

deethebee

Kev1967 wrote: »

Yes you are right. The only reason I hadn’t paid yet was because they wouldn’t let me pay via PayPal goods it had to be with family and friends and they wouldn’t take card payment over the phone so I was trying to figure out a way to pay that didn’t strip me of my rights.

Hi Kev, in all honesty it does sound like the shop are in the wrong here. You agreed via email to buy this item and delivery was agreed on. How was payment agreed? It seems to me that if there is a clear agreement between 2 parties to sell and pay for an item, then that may constitute a contract being formed. The only issue is how was payment agreed and when was it agreed for? You are very right here about not wanting to pay without losing your rights and they should have provided you with a method to do so. If payment date had been agreed as to be on the delivery date, it sounds like they broke the agreement and you may have cause to complain. I would contact Citizen's Advice and see if they can offer you some further advice on what you may be able to do, as it does sound like breach of contract to me.

waamo

deethebee wrote: »

Hi Kev, in all honesty it does sound like the shop are in the wrong here. You agreed via email to buy this item and delivery was agreed on. How was payment agreed? It seems to me that if there is a clear agreement between 2 parties to sell and pay for an item, then that may constitute a contract being formed. The only issue is how was payment agreed and when was it agreed for? You are very right here about not wanting to pay without losing your rights and they should have provided you with a method to do so. If payment date had been agreed as to be on the delivery date, it sounds like they broke the agreement and you may have cause to complain. I would contact Citizen's Advice and see if they can offer you some further advice on what you may be able to do, as it does sound like breach of contract to me.

I disagree. There would appear to be only two of the three elements necessary to form a contract here.

Where is the third element?