Golf clubs sent before finance accepted.

jamiewatson84

Thanks for all your comments (even the sarcastic ones!) Obviously I want them, or I wouldn't of ordered them. And I am also under no illusion that I NEED to pay for them (my moral compass told me that!) I failed the credit check for the finance, and obviously can't afford to pay outright hence wanting the interest free credit option.  But its their mistake not mine, and I feel like they should compensate me in some way (I like pinkshoes idea) 

unholyangel

jamiewatson84 said:

Thanks for all your comments (even the sarcastic ones!) Obviously I want them, or I wouldn't of ordered them. And I am also under no illusion that I NEED to pay for them (my moral compass told me that!) I failed the credit check for the finance, and obviously can't afford to pay outright hence wanting the interest free credit option.  But its their mistake not mine, and I feel like they should compensate me in some way (I like pinkshoes idea) 

If a contract was formed on dispatch or confirmation email, you'd have an argument to make payments as agreed - because those were the terms the contract were formed under. 

Unfortunately that doesn't seem to be the case. There is no contract. The goods remained theirs and as such, you had a duty to take reasonable care of the goods - and the law expects you to exercise a greater degree of care over goods you do not own, compared to those that you do. 

pinkshoes

jamiewatson84 said:

Thanks for all your comments (even the sarcastic ones!) Obviously I want them, or I wouldn't of ordered them. And I am also under no illusion that I NEED to pay for them (my moral compass told me that!) I failed the credit check for the finance, and obviously can't afford to pay outright hence wanting the interest free credit option.  But its their mistake not mine, and I feel like they should compensate me in some way (I like pinkshoes idea) 

You might as well try and negotiate, but they can say no and get you to either pay in full or return them... 

So be nice to them!

LABMAN

jamiewatson84 said:

Thanks for all your comments (even the sarcastic ones!) Obviously I want them, or I wouldn't of ordered them. And I am also under no illusion that I NEED to pay for them (my moral compass told me that!) I failed the credit check for the finance, and obviously can't afford to pay outright hence wanting the interest free credit option.  But its their mistake not mine, and I feel like they should compensate me in some way (I like pinkshoes idea) 

You have had free use of them as compensation.

Manxman_in_exile

pinkshoes said:

jamiewatson84 said:

Thanks for all your comments (even the sarcastic ones!) Obviously I want them, or I wouldn't of ordered them. And I am also under no illusion that I NEED to pay for them (my moral compass told me that!) I failed the credit check for the finance, and obviously can't afford to pay outright hence wanting the interest free credit option.  But its their mistake not mine, and I feel like they should compensate me in some way (I like pinkshoes idea) 

You might as well try and negotiate, but they can say no and get you to either pay in full or return them... 

So be nice to them!

You're being very generous to someone who "wouldn't of ordered them"... 

shaun_from_Africa

unholyangel said:

If a contract was formed on dispatch or confirmation email, you'd have an argument to make payments as agreed - because those were the terms the contract were formed under. 

Unfortunately that doesn't seem to be the case. There is no contract. The goods remained theirs and as such, you had a duty to take reasonable care of the goods - and the law expects you to exercise a greater degree of care over goods you do not own, compared to those that you do. 

The problem is, as far as the OP was aware, the finance had been agreed and the clubs belonged to them. It was only after they had used them that they received notification of the problem with the finance.

unholyangel

shaun_from_Africa said:

unholyangel said:

If a contract was formed on dispatch or confirmation email, you'd have an argument to make payments as agreed - because those were the terms the contract were formed under. 

Unfortunately that doesn't seem to be the case. There is no contract. The goods remained theirs and as such, you had a duty to take reasonable care of the goods - and the law expects you to exercise a greater degree of care over goods you do not own, compared to those that you do. 

The problem is, as far as the OP was aware, the finance had been agreed and the clubs belonged to them. It was only after they had used them that they received notification of the problem with the finance.

Except they explicitly state in their terms it's on payment being processed only and that nothing else constitutes acceptance. 

So how can OP demonstrate that they - in line with the terms they've agreed to - thought a contract had been formed? 

shaun_from_Africa

unholyangel said:

shaun_from_Africa said:

unholyangel said:

If a contract was formed on dispatch or confirmation email, you'd have an argument to make payments as agreed - because those were the terms the contract were formed under. 

Unfortunately that doesn't seem to be the case. There is no contract. The goods remained theirs and as such, you had a duty to take reasonable care of the goods - and the law expects you to exercise a greater degree of care over goods you do not own, compared to those that you do. 

The problem is, as far as the OP was aware, the finance had been agreed and the clubs belonged to them. It was only after they had used them that they received notification of the problem with the finance.

Except they explicitly state in their terms it's on payment being processed only and that nothing else constitutes acceptance. 

So how can OP demonstrate that they - in line with the terms they've agreed to - thought a contract had been formed? 

Possibly because of this:

• Online orders that qualify and are accepted for Interest Free Credit will be delivered to the address supplied on your application. If you enter an alternative delivery address in the online checkout, this will not be used.
• Accepted Interest Free Credit orders will be shipped on a Free Next Day Service, regardless of the delivery method selected in the online checkout

One more than occasion, it clearly states that orders that have been accepted will be delivered on a next day delivery basis so don't you think that it's reasonable for someone to assume that if those goods have been shipped, the order has been accepted?
After all, how many businesses are in the habit of sending out what may be hundreds of £s worth of goods when they've not actually accepted an order?

It's been said many times on here (possibly sometimes by you) that when there are conflicting terms or terms that can be misinterpreted, the interpretation that most favours the consumer is the one that generally applies so don't you think that is the case here?

[Deleted User]

This week's money moral dilemma contributor asks - 

I wanted some golf clubs, so I ordered some golf clubs. The company sent me the golf clubs but now they want me to pay for the golf clubs I wanted, ordered and received.

How do I get compensation for this outrage while still pretending to have the moral high ground?

unholyangel

shaun_from_Africa said:

unholyangel said:

shaun_from_Africa said:

unholyangel said:

If a contract was formed on dispatch or confirmation email, you'd have an argument to make payments as agreed - because those were the terms the contract were formed under. 

Unfortunately that doesn't seem to be the case. There is no contract. The goods remained theirs and as such, you had a duty to take reasonable care of the goods - and the law expects you to exercise a greater degree of care over goods you do not own, compared to those that you do. 

The problem is, as far as the OP was aware, the finance had been agreed and the clubs belonged to them. It was only after they had used them that they received notification of the problem with the finance.

Except they explicitly state in their terms it's on payment being processed only and that nothing else constitutes acceptance. 

So how can OP demonstrate that they - in line with the terms they've agreed to - thought a contract had been formed? 

Possibly because of this:

• Online orders that qualify and are accepted for Interest Free Credit will be delivered to the address supplied on your application. If you enter an alternative delivery address in the online checkout, this will not be used.
• Accepted Interest Free Credit orders will be shipped on a Free Next Day Service, regardless of the delivery method selected in the online checkout

One more than occasion, it clearly states that orders that have been accepted will be delivered on a next day delivery basis so don't you think that it's reasonable for someone to assume that if those goods have been shipped, the order has been accepted?
After all, how many businesses are in the habit of sending out what may be hundreds of £s worth of goods when they've not actually accepted an order?

It's been said many times on here (possibly sometimes by you) that when there are conflicting terms or terms that can be misinterpreted, the interpretation that most favours the consumer is the one that generally applies so don't you think that is the case here?

No, because  that isn't a term of the contract & the T&C's (linked on the checkout page) explicitly state:

 Any e-mail, on-screen receipt or other acknowledgement of Your order is merely to report that Your request has been received and does not in any way denote acceptance of Your order regardless of any wording on the e-mail or the receipt. We reserve the right, at any time prior to acceptance, to refuse any order or any part of an order

So as I said, makes it quite clear that the contract is conditional upon payment being processed. In law, that means that nothing that occurs before that can form a contract.