Dixons cancelled contract? What can I do?

kevinyork

Looking for a bit of advice folks if possible.

Ordered a PAYG phone from Dixons. They sent several emails including an order confirmation and took payment. The item never arrived and has been lost by the carrier. I contacted them and they said they would send another one. Couple of days later they then said it was out of stock and they wouldnt be getting anymore. They then refunded me.

Their terms say "acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a third e-mail, which will contain details of how your products will be delivered to you." They sent such an email and gave me the tracking details for the package so we had a contract. They also billed my credit card at that point.

Do I have any redress given they havnt fulfilled their part of the contract? Should they offer an acceptable alternative for the same price? Can I source it elsewhere and ask them to pay for it (it is more expensive everywhere else).

Any ideas welcomed.

Vomityspice

How are you in a worse position than when you started? You have your money back!

A contract can be voided if either party (genuinely) isn't able to fulfil the contract. In this case Dixons don't have the phone. This doesn't make Dixon'x liable for replacing your expectation of purchasing a phone.

There is nothing you can really do.

Butlers1982

Please note that these e-mails are acknowledgements, not acceptance of your order.

We will contact you where we become aware of an error and ask you whether you wish to continue with your order at the correct price or cancel it. If we do cancel your order you will receive a full refund of any charges paid in advance.

No Nothing you can do- You havent lost anything

kevinyork

Thanks for the advice.

All that i have lost is that the handset isnt available anywhere for that price now, next nearest price is £25 more.

hollydays

c`est la vie

dmg24

kevinyork wrote: »

Thanks for the advice.

All that i have lost is that the handset isnt available anywhere for that price now, next nearest price is £25 more.

But you haven't lost it because you didn't have it in the first place!

Poppycat

Actually he may have a case if monies was taking and they have complied with there own terms and conditions, although ultimately its up to the Small claims court to decide, is it really worth pursuing?

They have made a contract and as they haven't fulfilled that contract he may be able to sue for not complying with it and or 'loss of a bargain'.

http://legal-dictionary.thefreedictionary.com/loss+of+bargain

loss of bargain n. the inability to complete a sale or other business deal, caused by another's breach of contract, intentional interference with one's business, negligence, or some other wrongdoing. The amount of monetary damages resulting from this loss can be determined in a lawsuit. (See: damages)

If my memory serves me right he may be able to purchase the same item at reasonable price and sue for the difference.

It may be worth mention this to them in a nice email keep it friendly and say you are disappointed that they have fulfilled there end of the deal as a contract was formed, monies was taken and they should comply with there own terms and conditions. You would like to give them an opportunity to look at this again and supply the item. If you purchase the item else where it would cost you xxx amount more and that its your understanding that you may be able to take redress for not complying with the contract and or 'loss of a bargain'.You woudl prefer not to go that route whereever possible

dmg24

Poppycat wrote: »

Actually he may have a case if monies was taking and they have complied with there own terms and conditions, although ultimately its up to the Small claims court to decide, is it really worth pursuing?

They have made a contract and as they haven't fulfilled that contract he may be able to sue for not complying with it and or 'loss of a bargain'.

http://legal-dictionary.thefreedictionary.com/loss+of+bargain

loss of bargain n. the inability to complete a sale or other business deal, caused by another's breach of contract, intentional interference with one's business, negligence, or some other wrongdoing. The amount of monetary damages resulting from this loss can be determined in a lawsuit. (See: damages)

If my memory serves me right he may be able to purchase the same item at reasonable price and sue for the difference.

Usually (from professional experience), all the court will do is put someone in the position they were in before the contract was made. Loss of bargain only really comes into play if there has been wrongdoing on the part of one of the parties, such as a blatant misrepresentation or lie.

When contacting the company, be careful using legal terminology without having the knowledge to back it up. Remember they will have legal teams that have specialist knowledge x

Poppycat

But wrong doing is hard to prove. What is the point of a contract if the other party can say "oh sorry we are out of stock but here is your money back"

It probably isn't worth pursuing but I dont think Dixons is innocent here

dmg24

Poppycat wrote: »

But wrong doing is hard to prove. What is the point of a contract if the other party can say "oh sorry we are out of stock but here is your money back"

It probably isn't worth pursuing but I dont think Dixons is innocent here

I agree with you about Dixons, but it would be near enough impossible to prove.

Looking at Dixons track record in customer service, the chances of getting anything out of them is very low. I wouldn't waste my time x

Poppycat

Your probably right, that's why I stated in 1st post, is it really worth pursuing?