Contract Law?

Pricy147

Am I correct in assuming that once you have paid for a good or service - a company has a legal obligation to supply you with that good or service?

The reason I ask is that I recently purchased a vehicle number plate from an online company who at the time stated they owned the plate. Payment for the plate was taken from my card, and the following day they turned around and said they couldnt get hold of the plate with no explanation. They then refunded the card.

I now find the plate on their site in an auction and bid up to several thousands pounds more than what we agreed to pay for it.

They are saying the plate is privately owned, although I very much doubt this.

Has anyone got any advice? Do I have a case for legal ownership of this plate if they do own the plate within the company?

I'm not after the plate to sell - I have wanted the plate for several years and was beaten to it by this company or individual by 30 minutes on the DVLA site due to their lines being jammed. The day after it sold it appeared on this companies site. The plate is actually bid over 15 times what the DVLA had it on sale for!

Any advice much appreciated.

I believe these is something in the sales of goods a act regarding legally binding contracts once payment has been taken. The funds have physically come off and gone back onto the card.

Iamthesmartestmanalive

You could sue for breach of contract but what are your damages?

They have refunded it

You cant really legally enforce the contract if they dont have the plate anymore

Mikeyorks

Pricy147 wrote: »

I believe these is something in the sales of goods a act regarding legally binding contracts once payment has been taken. The funds have physically come off and gone back onto the card.

If there is then M&S should have had a roasting. Their last few online sales have been beset by their taking orders / confirming by Email and then cancelling in part or in entirety. In a large number of cases they have taken and refunded money (self included) as you describe.

They maintain - and I think they're right - that the contract establishment is at the point of despatch. As extract below :

.... your offer to purchase these items is not legally accepted until we send you an email notifying you that the items have been despatched to you.