Bought an Ex display kitchen. Now been told it was sold to someone else

Olinda99

Ergates said:

Olinda99 said:

You have the same rights against Wickes as you do against anyone who breaches a contract - these rights are quite extensive and include Wickes paying any and all losses you have incurred as a result of that breach to put you back in the position you were before.

Make a list of your losses (include everything - phone calls, petrol, things you have bought and now can't use, etc) and  ask Wickes to pay. If not, sue them in the small claims court.

Google breach of contract for lots of info.

It would only be losses resulting from the mistake.  So petrol used to go to the store in the first place couldn't be claimed as that was used before the contract was entered into.  I struggle to think of ways in which the OP would have used *additional* petrol as a direct result of the mistake that wouldn't have been spent otherwise.

Phone calls - unlikely that the OP has had to make any paid phone calls *as a result* of this error.

Things bought - if they're bought from Wickes the OP could push for a refund.  But otherwise they're still usable - the mistake hasn't prevented the OP from having a kitchen, just not that kitchen.

Not sure what point you are making. If the OP hasn't used any extra petrol (eg going into to the store to try and sort it out) or made any chargeable phone calls (I have no idea what phone plan they have - it may well be PAYG)  then they can't claim those losses. If they have then they can. 

mattyprice4004

Id be pushing for more than a refund - by delivering part of the order they’ve clearly entered into a contract with you to supply a kitchen at X price, which they need to do. 

The fact they’ve sold it to someone else isn’t your problem; they need to honour the contract or find you a suitable replacement. 

I’ve been in a similar (but not identical) situation myself, and while it took some pushing I got a brand new item at the discounted price I’d paid (but this was a camera). 

Ergates

Olinda99 said:

Ergates said:

Olinda99 said:

You have the same rights against Wickes as you do against anyone who breaches a contract - these rights are quite extensive and include Wickes paying any and all losses you have incurred as a result of that breach to put you back in the position you were before.

Make a list of your losses (include everything - phone calls, petrol, things you have bought and now can't use, etc) and  ask Wickes to pay. If not, sue them in the small claims court.

Google breach of contract for lots of info.

It would only be losses resulting from the mistake.  So petrol used to go to the store in the first place couldn't be claimed as that was used before the contract was entered into.  I struggle to think of ways in which the OP would have used *additional* petrol as a direct result of the mistake that wouldn't have been spent otherwise.

Phone calls - unlikely that the OP has had to make any paid phone calls *as a result* of this error.

Things bought - if they're bought from Wickes the OP could push for a refund.  But otherwise they're still usable - the mistake hasn't prevented the OP from having a kitchen, just not that kitchen.

Not sure what point you are making. If the OP hasn't used any extra petrol (eg going into to the store to try and sort it out) or made any chargeable phone calls (I have no idea what phone plan they have - it may well be PAYG)  then they can't claim those losses. If they have then they can. 

That, in the situation described, it is *extremely* unlikely the OP will have any resultant costs that they could claim for - certainly not any that it would be worth the effort.  Would you really go to court to reclaim the cost of a 10p phone call?  (Especially given the issue fee for the small claims court is £35.)   Would that be a good use of your time?    Would even writing a letter to a company to claim back 10p be a good use of your time?

The *only* meaningful loss the OP has had (that we know of) are the other items they purchased - and even that is debatable as they're *probably* compatible with any other kitchen the OP might want to purchase.

Olinda99

Agreed, but we don't know what other losses the OP has.

You say it is unlikely the OP has any other losses. Well, they could have booked an installer and had to pay him even though there is no kitchen to install. The could have had their kitchen removed and now have no kitchen and have to eat expensive take aways. Their chosen kitchen could have gone up.in price new and thus there is a lost opportunity cost. There are a myriad of possible losses - or none at all.

My original point was, and still is, the OP can claim his losses from Wickes for breach of contract. If they were 10p then clearly they wouldn't bother. If £2000 they would.

Equaliser12345

Actually, you are entitled to be put in the position you would have been in had the contract been performed correctly.  Therefore, if you could obtain the items from a third party at an increased cost, you could (theoretically) recover that extra loss.

Millerdog

Equaliser12345 said:

Actually, you are entitled to be put in the position you would have been in had the contract been performed correctly.  Therefore, if you could obtain the items from a third party at an increased cost, you could (theoretically) recover that extra loss.

I think this is known as 'Loss of Bargain' in UK law.

Thrugelmir

mattyprice4004 said:

Id be pushing for more than a refund - by delivering part of the order they’ve clearly entered into a contract with you to supply a kitchen at X price, which they need to do. 

The fact they’ve sold it to someone else isn’t your problem; they need to honour the contract or find you a suitable replacement. 

I’ve been in a similar (but not identical) situation myself, and while it took some pushing I got a brand new item at the discounted price I’d paid (but this was a camera). 

Let's make employees personally liable for the mistakes and errors they make at work. After a lifetime working in finance I've experienced no end of very expensive errors for which the employer has no recourse or ability to recover losses. As "they" ultimately is an individual.  

Ergates

Olinda99 said:

Agreed, but we don't know what other losses the OP has.

You say it is unlikely the OP has any other losses. Well, they could have booked an installer and had to pay him even though there is no kitchen to install. The could have had their kitchen removed and now have no kitchen and have to eat expensive take aways. Their chosen kitchen could have gone up.in price new and thus there is a lost opportunity cost. There are a myriad of possible losses - or none at all.

My original point was, and still is, the OP can claim his losses from Wickes for breach of contract. If they were 10p then clearly they wouldn't bother. If £2000 they would.

OK, fair point, those are all good examples of actual costs that might have occurred.   I can't imagine how many phone calls you'd have to make before it became worthwhile including those...

Equaliser12345

Ergates said:

Olinda99 said:

Agreed, but we don't know what other losses the OP has.

You say it is unlikely the OP has any other losses. Well, they could have booked an installer and had to pay him even though there is no kitchen to install. The could have had their kitchen removed and now have no kitchen and have to eat expensive take aways. Their chosen kitchen could have gone up.in price new and thus there is a lost opportunity cost. There are a myriad of possible losses - or none at all.

My original point was, and still is, the OP can claim his losses from Wickes for breach of contract. If they were 10p then clearly they wouldn't bother. If £2000 they would.

OK, fair point, those are all good examples of actual costs that might have occurred.   I can't imagine how many phone calls you'd have to make before it became worthwhile including those...

It's not just about phone calls though.

outtatune

Thrugelmir said:

mattyprice4004 said:

Id be pushing for more than a refund - by delivering part of the order they’ve clearly entered into a contract with you to supply a kitchen at X price, which they need to do. 

The fact they’ve sold it to someone else isn’t your problem; they need to honour the contract or find you a suitable replacement. 

I’ve been in a similar (but not identical) situation myself, and while it took some pushing I got a brand new item at the discounted price I’d paid (but this was a camera). 

Let's make employees personally liable for the mistakes and errors they make at work. After a lifetime working in finance I've experienced no end of very expensive errors for which the employer has no recourse or ability to recover losses. As "they" ultimately is an individual.  

Let's start with the HR person who was so stupid they put a 'make the employee personally liable for mistakes at work' clause in the company's employment contracts.