widescreen TVs for 49p!!!!! [CLOSED]

rchddap1

From what I have read no-one has yet been given the 'official email / phone call'. Perhaps there is more to this problem than meets the eye......that is, was it the fault of the supplier who provided pricing data to Argos / Homebase.

Froggitt

In a previous similar situation, the only person who seemed to have been sorted out with his PC/telly/camera/whatever was a solicitor.

Are there fifty or so people here willing to stump up £20 each for proper initial legal opinion/advice? If so post below......Im sure I can find decent legal advice for the group if people would like me to do so or someone else can find.

Personally, I believe if theyve taken your money, as all the various online statements seems to be pointing at, then a contract is formed, and they then owe you/me a telly.

brown_ambassador

count me in!!!

biglugs

I certainly do not agree with internet companies (or any companies) taking money for goods they offer but cannot provide.

But this is EXACTLY what you DID agree to when you ordered the TV. You were asked to state that you had read and agreed with their T&Cs, which you have to if you want to buy from them. Their T&Cs are quite explicit that they will take the money off you as soon as they receive your order, but that this does not mean ACCEPTANCE of your order.
If you don't agree with them taking the money first then don't buy from them.

mirandamayhem

Froggitt wrote:

In a previous similar situation, the only person who seemed to have been sorted out with his PC/telly/camera/whatever was a solicitor.

Are there fifty or so people here willing to stump up £20 each for proper initial legal opinion/advice? If so post below......Im sure I can find decent legal advice for the group if people would like me to do so or someone else can find.

Personally, I believe if theyve taken your money, as all the various online statements seems to be pointing at, then a contract is formed, and they then owe you/me a telly.

I know this is going around in circles, but as yet, there is no set rule about when the contract is set. As infuriating as it is.
Yes, you could go to court with this, but i think in this case it would be a ridiculous farce. You'd have to prove you believed they intended to sell the tv's for 49p for a start.
I'm all for the law changing with regards to online sales, and if they'd been selling these for £100 and then changed their minds i think there might be some bite to the situation, and the case might then be worth fighting.

mirandamayhem

biglugs wrote:

But this is EXACTLY what you DID agree to when you ordered the TV. You were asked to state that you had read and agreed with their T&Cs, which you have to if you want to buy from them. Their T&Cs are quite explicit that they will take the money off you as soon as they receive your order, but that this does not mean ACCEPTANCE of your order.
If you don't agree with them taking the money first then don't buy from them.

I think that's an unfair Term, and if a valid case came up to fight and change this, it would be worth grouping together and fighting the case.
The problem is at the moment online retailers seem to be able to write pretty much whatever they like in the T&C's and get away with it because it's all still such a grey area.

biglugs

I think that's an unfair Term

But I bet there are some very expensive lawyers out there who would love the opportunity to argue the case (both for AND against!) provided someone else is prepared to pay them for the privilege

Thefunkygibbons

and the terms and conditions are written not to be read

Boiler plate legalese

Searcher2

biglugs wrote:

But this is EXACTLY what you DID agree to when you ordered the TV. You were asked to state that you had read and agreed with their T&Cs, which you have to if you want to buy from them. Their T&Cs are quite explicit that they will take the money off you as soon as they receive your order, but that this does not mean ACCEPTANCE of your order.
If you don't agree with them taking the money first then don't buy from them.

It's a tricky one.... If Argos had written in the T&C's that you could not return the goods for any reason then this would have been breaking the law as distance selling says you can return goods within 7 days. If the website doesn't say you can return withing 7 days then I think you can return within 28 days (trying to encourage websites to state the distance selling regs on their sites). So they can write what they like in the T&C's - the law would take precedence.

There really should be a law (if there is not already) which does not allow retailers to take money for goods they have offered for sale if they have no means of honouring it. It is not difficult to do.... loads of other companies manage it.

I am not suggesting that I get a TV for 49p but I believe there should be a law to protect the consumer from retailers who could potentially hold 'customers' funds in their own bank accounts for a period of time before returning it.

One way to stop this would be to define a contract as being started when the supplier takes money for a product they have offered to sell.

Dave=m55

Froggitt wrote:

In a previous similar situation, the only person who seemed to have been sorted out with his PC/telly/camera/whatever was a solicitor.

Are there fifty or so people here willing to stump up £20 each for proper initial legal opinion/advice? If so post below......Im sure I can find decent legal advice for the group if people would like me to do so or someone else can find.

Personally, I believe if theyve taken your money, as all the various online statements seems to be pointing at, then a contract is formed, and they then owe you/me a telly.

So please post below that you thought the item was genuinely priced at 49p.

Once you have agreed that 49p is not a genuine price please comment how this relates to the statement regarding "At common law, when the mistake is operative the contract is usually void ab initio"

As no contract exists, unless you beleive that 49p is the genuine price that the retailer wanted to sell at, how do you expect to win on this case.

Most solicitors will be more than happy to grab your money and lose, so pick on a case where you may at least win.