Misprices : A Quick Guide - HotUKDeals
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[mod]#1
Hope this may be of some use ... Please feel free to leave feedback and post any links or extra info that may be useful in this thread :)
#2
Excellent post, Cat :-D :thumbsup:
#3
It's also worth noting that even when they do refuse a quick email to their customer services and or legal team if they have one often resolves issues.
They can't afford to lose money on giving to everyone thus bulk decline but vouchers, codes, and even the original order being honoured does happen with a reasonably high rate of recurrence. Just making sure your email/letter gets to the right person. Companies house's website is an invaluable tool in this regard: writing to someone with a high share holding is often effective.
[mod]#4
Thank you steve :-D Yes sean, it can be worth a try especially where vouchers are concerned :)
#5
nice one millarcat. my rep counts for nothing as you've got tons, but its the thought that counts ;)
[mod] 1 Like #6
Thanks morales (and for the lovely comment on the rep you left :) ), i used your examples in your misprice post (they were good ones), but didnt get around to replying in your thread (done this instead) ....
#7
Conclusion



My advice: if you want to take a chance on a misprice go for it, it might just come through ..... but if its not honoured let it go, lifes too short to complain about what could have been. Especially if its a particularly unreasonable misprice and as you can see from above they've usually got it covered in their T & C's

Couldn't agree more.
#8
millarcat
Thanks morales (and for the lovely comment on the rep you left :) ), i used your examples in your misprice post (they were good ones), but didnt get around to replying in your thread (done this instead) ....



best reply to my thread you could have done! :thumbsup:
#9
Thanks for the very helpful info and advice Cat :)
#10
Littlewoods one is a good one - so let's try and break it down


" All orders placed through our website will be subject to our acceptance of the order. [COLOR="Red"]Standard T&C's I would say but you have shown intent to buy at that price, regardless of what they say[/COLOR]
When you submit an order to us on our website you will receive a 'bounce back' confirmatory email of this order saying that we are processing your order. [COLOR="red"]So they accept that you have 'taken the bait' and would like to buy that product at that price[/COLOR]You will then receive a second email from us acknowledging your order and giving you estimated timescales for delivery. [COLOR="red"]Well that's nice, must be done by a human then[/COLOR] You should check both emails for accuracy and let us know immediately if there are any errors. [COLOR="red"]What errors would they be talking about? a higher price? why would you allow someone to sell you something at a higher price?[/COLOR]Neither of these emails constitute acceptance of the order by us. [COLOR="red"]Fair enough but you would have thought by now someone would notice something[/COLOR] Your order will be accepted by us (and a contract will then be formed between us) when we dispatch the goods to you. [COLOR="red"]WRONG, the contract is drawn when they take payment from you, which is done before they collate your order, just in case you can't pay[/COLOR]Title to the goods will pass to you on delivery" [COLOR="red"]Wrong again, title passes to you when you have paid for the goods in FULL and if that is before they leave the warehouse that is when you own your goods. The delivery forms part of the delivery contract and for sure the insurance covering these goods is never enough to cover the purchase price. Always a good idea to pay with a credit card because you should get extra cover for your goods, including delivery and up to 60 days after in some cases.[/COLOR]

What you did not say or touch on is the fact that, if a price looks to good, it must be. UNLESS you can demonstrate to the judge by comparable products and prices from other sources that the price you thought you were paying was a FAIR price for what you thought you were buying. It has stood up in court before and will again on these basis. But if you thought you could buy a new car for £1000 instead of £10000 and it was new and never had any problems, well tuff. but if you could prove that, 'that car' was involved in an accident, like falling off the car transporter or suffering some other ailment that you could prove distracted from the true value of 'that' car then you would be entitled to that car at that price.

Some of those laptops that LX were offering could be proved as being sub standard, the rest I will leave out for the moment...tbc
#11
Nice one cat! Your spot on!
#12
Nice post :thumbsup: (added link to this in the FAQ on advice and tips page)
[mod]#13
Thanks everyone :) Crazy1, whether or not you think littlewoods t & c's are correct - if you made an order with them you would have submitted your order agreeing to those t & c's
#14
millarcat
Thanks everyone :) Crazy1, whether or not you think littlewoods t & c's are correct - if you made an order with them you would have submitted your order agreeing to those t & c's

Just playing devil's advocate :thinking: nice to explore everything to the bitter end :thumbsup: Some good current/relevant topics that you have included there. :w00t:
#15
Thanks millarcat..I for one get fed up of the rants in the misprice posts...so I simply avoid them if at all possible.
#16
Moaning about misprice's is what MSE is there for? :giggle:
#17
seancampbell
Honestly.. No chance. Simple ITT rules out any orders without dispatch (whereby contract is formed), and recission will allow the rest to be quashed.
Clearly a mistake, happens all the time, especially with such large companies dealing with so many products.
No proof whatsoever to get any comeback in court or even with the Advertising Standards Council.

Would be a waste of court fees to follow this one up, and utterly unprofessional for any solicitor to take the case.


Hi Sean,

Can you expand on this please ? (copied from the A100 thread).

I'm trying to understand precisely on what grounds Littlewoods can rescind our Accepted Orders.

Cheers,
Mike.
#18
Rescission allows any existing contract to be nullified and restores both parties to the pre-contractual position: ie they refund you you don't get the product. If it went to court this would be result on the grounds of "fraudulent representation". Simple equitable remedy. Basically restoring both parties as far as possible to the status quo ante.
Guidelines for rescission are laid out in Long v Lloyd [1958] 1 WLR 753:
unless the contract is affirmed by a 'significant action' on the part of seller (such as dispatching the goods and taking payment concurrently) no-one has any right to complain.

= No chance of winning though no harm trying to scare them into letting you have the item.


NB: A case for negligence will however almost certainly exist in this case though the only damages you would get would be nominal.
#19
With reference to the Littlewoods/A100 fiasco, the thing is that they have accepted offers and are now attempting to reject them, despite having taken money from bank accounts, from credit cards and via the formation of their own credit agreements on the goods concerned. You're saying that is lawful for them to do that ?

Littlewoods state that orders are accepted on Despatch and yet they have formally accepted orders on the laptop according to their online order checking. So they are either not adhering to their own T&Cs or the T&Cs are incorrect. Is this not an important point to dwell on ?

Surely at the point we're at, Littlewoods have accepted our offers, taken our monies and have established the contract ? Our contract is not with their third-party supplier, is it ? What's the relevance of ITT to this and where/when was it established that despatch = contractual formation ?

I guess that the only reason these things were not immediately despatched is that they were coming from a third party who presumably hadn't agreed to supply until 20th Feb (the estimated shipping date online). All the Littlewoods side of things was done and dusted (orders processed, error-checked, confirmed, accepted and paid for). After that it was just logistics.

I think you ordered one yourself didn't you ? Have you given up ?

Hope you can find time to answer here. I'm genuinely interested not just for this case but in general and the sources I've found online are usually either too technical or too oversimplified.

Cheers,
Mike.

P.S. Are you estimated to get something above a third-class ? (Just like to know what I'm dealing with here absolutely no offence intended) :-D
1 Like #20
Flimber
With reference to the Littlewoods/A100 fiasco, the thing is that they have accepted offers and are now attempting to reject them, despite having taken money from bank accounts, from credit cards and via the formation of their own credit agreements on the goods concerned. You're saying that is lawful for them to do that ?

Littlewoods state that orders are accepted on Despatch and yet they have formally accepted orders on the laptop according to their online order checking. So they are either not adhering to their own T&Cs or the T&Cs are incorrect. Is this not an important point to dwell on ?

Surely at the point we're at, Littlewoods have accepted our offers, taken our monies and have established the contract ? Our contract is not with their third-party supplier, is it ? What's the relevance of ITT to this and where/when was it established that despatch = contractual formation ?

I guess that the only reason these things were not immediately despatched is that they were coming from a third party who presumably hadn't agreed to supply until 20th Feb (the estimated shipping date online). All the Littlewoods side of things was done and dusted (orders processed, error-checked, confirmed, accepted and paid for). After that it was just logistics.

I think you ordered one yourself didn't you ? Have you given up ?

Hope you can find time to answer here. I'm genuinely interested not just for this case but in general and the sources I've found online are usually either too technical or too oversimplified.

Cheers,
Mike.

P.S. Are you estimated to get something above a third-class ? (Just like to know what I'm dealing with here absolutely no offence intended) :-D


With regard to the first bit: yes it is legal and has occurred in the past though not with identical circumstances. Rescission allows the mistake to be rectified and contracts to be cancelled. ITT allows them to reject any orders without confirmation with absolutely no chance of any comeback whatsoever.
Littlewoods attempt to blur the line on when a contract comes into existence: legally it is when consideration (ie payment) is made that the contract becomes enforceable. However there are the aforementioned exemptions (ie rescission)
It's further complicated by the fact that Littlewoods were not acting as a seller but as an agent for a what is in effect a dropshipping program whereby Littlewoods cannot physically dispatch anything (Thus again contradicting their own T's and C's) as they do not have it.. Thus the closest that could come to their T's and C's would be the manufacturer dispatching which clearly is after ordering.
The consideration Littlewoods would need to provide in this case would be the instruction to dispatch being passed to the manufacturer post payment however no-one has as of yet proved whether they have in fact sent any such communication thus the lack of evidence commented upon.

Another complication is having paid by credit: you can't physically make your own consideration by giving them credit drawn from them.. Thus no payment was actually taken (as they were title to the money anyway). I would expect these people not to get thier laptops. I would expect all unconfirmed orders not to also, and expect them to use rescission to cancel other orders that did recieve the 2nd email as per T's and C's.
However it is only this group (Those with order confirmation AND also havig paid by credit card with payment taken or debit card with cash debited) that would have any chance of getting anything.. and that would only be if they threatened legal action to the right person: it would cost littlewoods/ LXdirect a hell of alot in irrecoverable legal fees and bad publicity to defend a claim (if that is they even bothered acknowledging it).

Littlewoods clearly acted negligently but I somehow doubt the success rate of a loss of bargain/ breach of contract claim.
As to your question re my recieving a 3rd.. I have not scored under a 2:1 in any legal coursework as of yet.
#21
seancampbell
...As to your question re my recieving a 3rd.. I have not scored under a 2:1 in any legal coursework as of yet.


Well done and thanks for your time and help on this. I did have a follow up but it's gone from my mind at the moment...

Cheers,
Mike.
#22
Thanks very much for all this
Can I ask another question
If you applied for x amount of weeks interest free credit on account and were approved for that and then sent confirmation of the order where do you and they stand then? The order and account confirmation happened a week after the order and give a 'delivery by' date.
Just curious as it all seems a bit bizzare that they would still be sending confirmation emails over a week later if they have no intention of sending the goods.
Oh yeah - another one - can they change the item number to be something else ie littlewoods and their laptop which is now software - especially when they confirmed the original code and item
Hopefully all these answers will prevent the major stress levels that people seemed to be experiencing lately
#23
Nice guide.

All we need now is for the angst ridden n00bs to read it.

Rep Added.

:pirate: CJ :pirate:
[mod]#24
After the Homebase shed & the Play.com James Bond Boxset, I just wondered if it may be worth updating this thread with current HUKD Policy / Guidelines / Info on Misprices & the correct way to list them (do you add MISPRICE to deal title etc).

Just a thought (before another James Bond thread appears ;-)). Thanks

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