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Advice?

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I bought a DVD box set from an online shop and they sent out the wrong one. They told me that the one I ordered wasnt in stock and that I should return for a refund. I persisted and they said they now… Read More
CalumH93 Avatar
6y, 3m agoPosted 6 years, 3 months ago
I bought a DVD box set from an online shop and they sent out the wrong one. They told me that the one I ordered wasnt in stock and that I should return for a refund. I persisted and they said they now had the correct item and to return for a replacement.

I have now returned and they have went back to its not in stock. I was wondering if I had any recourse to claim the diffrence from them (About £25 dearer from the next cheapest retailer) under the sale of goods act as a breach of contract.

All my communications with them (emails with cust. service, order confirmation, despatch email and even the invoice) state the item I ordered and not what I received.

Any advice would be great.

Thanks!
CalumH93 Avatar
6y, 3m agoPosted 6 years, 3 months ago
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banned#1
i doubt youl have anything over them really, as theyl just state " its out of stock " and by sending you the wrong one what dvd box set was it you wanted and what did they send you?
suspended#2
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else.

The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.

Edited By: jonny619447 on Mar 10, 2011 17:40
#3
You have a case, but as everything to do with the SOGA, it depends whether you are ready to fight it, and ultimately go to court.
banned#4
jonny619447
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else.

The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.


i agree even tho it sucks.
#5
HybridTheory
jonny619447
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else. The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.
i agree even tho it sucks.


I wondered if that might be the case. Will just have to take the refund and try find it elsewhere cheaper. Just hoped id have somthing to go on as it was an extra £25 :( but oh well
suspended#6
CalumH93
HybridTheory
jonny619447
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else. The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.
i agree even tho it sucks.



I wondered if that might be the case. Will just have to take the refund and try find it elsewhere cheaper. Just hoped id have somthing to go on as it was an extra £25 :( but oh well


Have you got the time and money to take this to court? (money not really the issue as you can go to a small claims with little expense) Then again if you don't win, the company in question can then make a counter claim for the losses they have incurred fighting your claim.

I personally don't think it is worth it, and as I say you possibly don't have a great chance of winning anyway.

Get your refund, and then post a deal request and maybe one of us can find a good price for you :)
#7
jonny619447
Then again if you don't win, the company in question can then make a counter claim for the losses they have incurred fighting your claim.


M'kay. oO
#8
jonny619447
CalumH93
HybridTheory
jonny619447
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else. The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.
i agree even tho it sucks.
I wondered if that might be the case. Will just have to take the refund and try find it elsewhere cheaper. Just hoped id have somthing to go on as it was an extra £25 :( but oh well
Have you got the time and money to take this to court? (money not really the issue as you can go to a small claims with little expense) Then again if you don't win, the company in question can then make a counter claim for the losses they have incurred fighting your claim.I personally don't think it is worth it, and as I say you possibly don't have a great chance of winning anyway.Get your refund, and then post a deal request and maybe one of us can find a good price for you :)

Thanks for the advice. Got the time, but not really got the money for that unfortunatly (hence the anger over the £25 difference :D) but if i did i'd prob take them to it just for the principle and can waste their time :)
#9
To put it short no. They will have refund the original amount and return postal costs.
suspended#10
CalumH93
jonny619447
CalumH93
HybridTheory
jonny619447
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else. The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.
i agree even tho it sucks.
I wondered if that might be the case. Will just have to take the refund and try find it elsewhere cheaper. Just hoped id have somthing to go on as it was an extra £25 :( but oh well
Have you got the time and money to take this to court? (money not really the issue as you can go to a small claims with little expense) Then again if you don't win, the company in question can then make a counter claim for the losses they have incurred fighting your claim.I personally don't think it is worth it, and as I say you possibly don't have a great chance of winning anyway.Get your refund, and then post a deal request and maybe one of us can find a good price for you :)


Thanks for the advice. Got the time, but not really got the money for that unfortunatly (hence the anger over the £25 difference :D) but if i did i'd prob take them to it just for the principle and can waste their time:)


Instead of wasting their time and yours, why not spend that time.... Looking for a job maybe. Just a bit more advice (_;)
#11
jonny619447
CalumH93
jonny619447
CalumH93
HybridTheory
jonny619447
I'm not quite sure what your asking. You obviously have the right to a refund, just send it back (they will have to cover return p&p costs) and get your refund and then buy it from somewhere else. The thing is that yes a breach has accured i.e. you got the wrong item, but in civil law if that breach can be remedied for example a full refund is issued that is all you are entitled to. Just my Opinion others may disagree.
i agree even tho it sucks.
I wondered if that might be the case. Will just have to take the refund and try find it elsewhere cheaper. Just hoped id have somthing to go on as it was an extra £25 :( but oh well
Have you got the time and money to take this to court? (money not really the issue as you can go to a small claims with little expense) Then again if you don't win, the company in question can then make a counter claim for the losses they have incurred fighting your claim.I personally don't think it is worth it, and as I say you possibly don't have a great chance of winning anyway.Get your refund, and then post a deal request and maybe one of us can find a good price for you :)
Thanks for the advice. Got the time, but not really got the money for that unfortunatly (hence the anger over the £25 difference :D) but if i did i'd prob take them to it just for the principle and can waste their time:)
Instead of wasting their time and yours, why not spend that time.... Looking for a job maybe. Just a bit more advice (_;)

Got two part time jobs and full-time college :D doesnt mean I still dont have spare time on my hands :)
#12
Name and shame these Cowboys!!

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