Argos/Homebase 49p telly discussion thread

Dave=m55

jaxxy00 wrote:

Dave=m55 do you have a connection with Argos as you seem to be very defensive of them?

As already stated, absolutely none (actually I have shopped there a few times so that is, in the strick sense, a connection). I work in IT for the NHS, not that thats any of your business.
I just get really hacked off with the greed culture thats going around.
I can understand why you are hacked off, cos Argos has your money, end of the day they just have to refund it. In companies I've worked at before it is far easier to take everyones money, then refund en masse, rather than have 2 lots of problems to sort out.
Also :-

Dave=m55 wrote:

If you are really hacked off about it complain to the Trading Standards Authority, you may have a complaint under Part III of the Consumer Protection Act 1987, but thats up to Trading Standards to decide whether or not to prosecute.

Considering the hefty fines that are possible under this law, very doubtful I would point that out.

So, if you could please edit your post, as I do find it offensive.

Dave=m55

bugbod wrote:

More from your C&P editing.
Unfortunately, there is no general doctrine of mistake - the rules are contained in a disparate group of cases. This is also an area of confusing terminology. No two authorities seem to agree on a common classification, and often the same terminology is used to cover different forms of mistake

Is that C&P editing mine?

4 direct questions for you.

1) Let me know why, because they wrote "this has now been cancelled" instead of 'We will give you the option of cancelling" this overrides Hartog v Colin and Shields [1939]3 All ER 566

2) Also please let me know why "At common law, when the mistake is operative the contract is usually void ab initio, ie, from the beginning. Therefore, no property will pass under it and no obligations can arise under it." is NOT relevant here.

3) Let me know whether you beleive you had a contract with the retailer to supply you with a tv combi for 49p

4) State that you thought that 49p was the correct price.

I thought these questions may provoke you into learning, obviously, either the questions wouldn't produce the answers you were looked for, or you are ignoring them.
These are quite important if you're going to pursue this. So please try to answer them especially points 3 and 4, as these are quite easy questions.

Also, please let us know how you are going to pursue this matter, legal advice , small claims etc, cos it would be interesting to hear how you get on.

bugbod

Also, please let us know how you are going to pursue this matter, legal advice , small claims etc, cos it would be interesting to hear how you get on.
Did I say I was ? Did I say I wasn't? Is it your immediate concern? Why do I have to answer your questions? Isn't this a discussion forum? I do not expect answers from you. We can all google and cut and paste parts of documents. However I am not a contract lawyer nor am I pretending to know all the finer points of the law on this topic, so , in the words of the Mighty Homebase, consider this dialogue closed.

jaxxy00

Dave=m55 could you please explain what it is about my posting that you find offensive as i fail to see how any part of it could be taken in such a way. All i asked was if you had any connection with Argos as your postings were defensive of them. If you explain what part offends you then i will edit it as i do not wish to offend. As regards you working in IT for the NHS and it not being any of my business, i did not even ask that question it was information you voluntarily gave.
In answer to your 4 questions however easy some of them may be, i have no need to answer to you as you are not the defense for Argos. I have legal cover for disputes like this and have explained the situation on the phone to the legal department which is why i am now in receipt of a claim form and am asking on here what the most important facts are to note down on the form.
I will say again to anyone wishing to pursue this to PM me as others already have done so i can get contact information to put on my claim form.

Froggitt

c_smith wrote:

From what I remember about contract law, to have a valid contract you need an offer, an acceptance and what is known in legal terms as "consensus ad idem" (a meeting of the minds). Even if you successfully argued that their taking of your money was an acceptance of your offer to buy, I don't think you would be able to successfully argue that there was a meeting of the minds given the obvious price mistake.

Surely the fact that they took your money shows there was a meeting of minds.......if they didnt want to accept your offer of 49p for the telly, (consumating the contract) they would not have taken the money.

Retailers should not be allowed to get away with this kind of thing any more, and a precedent needs to be established.

Eagle_1

Hi me again, still got no cancellation...............so what is happening ?

Dave=m55 (or anyone else that may have info), where can I look to see how long they have to cancel this agreement with me ?

Thanks in advance.

c_smith

Froggitt wrote:

Surely the fact that they took your money shows there was a meeting of minds.......if they didnt want to accept your offer of 49p for the telly, (consumating the contract) they would not have taken the money.

Retailers should not be allowed to get away with this kind of thing any more, and a precedent needs to be established.

That's something you will have to argue about in court, because I very much doubt Argos will be pressurised into honouring this deal otherwise. If you've got the money and want to take a chance by all means go for it.

Eagle_1

Will people really take them to court ? See I wouldnt because I know that a big retailer like them are gonna win hands down, surely.

bugbod

Eagle_1 wrote:

Hi me again, still got no cancellation...............so what is happening ?

Dave=m55 (or anyone else that may have info), where can I look to see how long they have to cancel this agreement with me ?

Thanks in advance.[/QUOTE

This is where Dave=m55 is copy and pasting from, maybe you'll find something there.
http://www.lawteacher.net/Contract/Vitiating%20Factors/Mistake%20Lecture.htm

Sorry, I couldn't be bothered wading through!

Eagle_1

thanks for that link, but you know what......its all a bit over my head hehe