Can anyone tell me if I have a case against Debenhams?

Hi guys, this is another one of those 'sticky' is it a contract or isn't it' like the recent Play.com one.
Debenhams sent me a confirmation of order (not legally binding i know)
Sent me 2 items but not the 3rd so I called after 2wks to be told it wasn't coming but no money had been taken from my account (another 'non binding as it states that it still not a contract even it they take money. They only have to refund it and let you know that the item is unavailable - which they didn't do)
2 weeks after this I received an e-mail from them telling me that all items had now been dipatched.
At Christmas, I then got a letter saying it was out of stock and another letter telling me that they'd refunded my money (that they told me they hadn't taken!)

I believe that they have broken the contract of sale under their own t's & c's as I received the dispatched email that is where the contract begins?

19 Comments

I have had this many times. One of the main reasons I refuse to order anything online from Debenhams.

Nothing you can do I'm afraid. I ordered a Limited Edition Matthew Williamson Dress in one of their sales about a year ago. I got a dispatch email and waited and waited but it never turned up. After two weeks I called them and they claimed that the item was out of stock, they wouldnt be getting anymore in and that they had sent me a cancellation email (which I had never received). I argued with them but they wouldnt do anything as no money had been taken.

I would just move on and forget about it, they wont do anything about it.

Unless you have paid for an item and not received it then legally there isnt much you can do.

The fact that is that you as a customer have been subject to extremely poor customer service stemming from an even poorer communication system from the retailer.

As frustrating as this is, there will be something in the small print of their T&Cs that indemnifies them from responsibility unless its of a statutory nature.

Yes, you could put forward a case for breach of contract, but the onus would be on you to put together the facts, establish the point of contract and how it was materially breached. All of which takes a lot of time, effort and understanding. And could come at a further cost to yourself. I'd have to ask myself why I would embark on this course of action, what remedy could possibly come from it where it would be beneficial and on a par with the inconvenience caused, and whether there were any financial loss on your part as a result of that breach.

It may be more beneficial to just not shop with them online if this is the poor substandard service that they are going to provide. A strongly worded letter to their head office, or directors would probably be more constructive and possibly a more positive ending.

I have usually found this approach to be more effective rather than phoning customer serivces. I've had to email directors of 4 company's this year because of similar situations and trust me the last thing a director wants is a hacked off customer contacting them directly. The best course of action is to take it from Top-Down.....get your point of view across to the person at the top, and everything else will fall into place.

As I said before, unless there is financial loss suffered or some statutory breach of legislation then the best you can hope for is an apology, of better still, a gift voucher from them for their utter incompetence. I wouldnt stress myself out over these things. Hope you get it all resolved soon tho.

The contract would only be binding if they took money from you - as they didn't then no contract was entered into & all you had was an agreement.

cis_groupie;3899239

The contract would only be binding if they took money from you - as they … The contract would only be binding if they took money from you - as they didn't then no contract was entered into & all you had was an agreement.



Agreed, the transaction on monies between 2 parties is the closing of a deal and a legally binding contract.

Banned

not sure what you want from debenhams. You are not out of pocket are you?

they are pretty useless which is why i avoid them.

Banned

nikkib123;3904336

Who are you talking to? Or are you just commenting in general?I love … Who are you talking to? Or are you just commenting in general?I love Debenhams - its just pot luck if you get the stuff you ordered from them


I was talking to the op.

i give up with Debenhams ! :x

iv ordered from them 4 times now and had NADA!

they always accept the order and then couple of weeks later i get the dreaded letter! sorry the item you ordered is now out of stock! grrr anoys the hell outa me i wish they would keep thier web site properly updated !

good luck with that hunny :roll:

nikkib123;3904367

I know what you mean - they should be reducing their sale prices again … I know what you mean - they should be reducing their sale prices again soon so will be holding out for that. They are a pain but I find the clothes really good quality especially if you get the designer brands cheap.Have a good day



oh god yeah i love thier stuff no question and the quality is excelent i just cant get anything in stock!! loool ... i always congratulate myself on a fab find only to get that dreaded letter lol :roll:

hey nikki do you ever do what i do or am i just fik? lool when i look at the threads im subscribed to i often think i was the last poster but its you! lol i have to look twice when we are both online hehehehehe

nikkib123;3904412

Nah its just you ha ha - your Nicki with a "C" and I'm with a double "K" … Nah its just you ha ha - your Nicki with a "C" and I'm with a double "K" (well I'm a double D but that another story)



gawd its official im a dunce get the hat nikki :oops: lol :lol:

meh, not worth the bother and time, let it be and enjoy the New Year

nikkib123;3904429

I'll see if I can get one from Debenhams - keep your fingers crossed it … I'll see if I can get one from Debenhams - keep your fingers crossed it turns up



:giggle: very clever loool

feel free to add some nice sparkly red high heels :whistling:

A case for what? :?

nikkib123;3904470

They always have the shoes in my size (size 3) so I am lucky. They have … They always have the shoes in my size (size 3) so I am lucky. They have some lovely red patent heels in the sale for £14 ;-)http://www.debenhams.com/webapp/wcs/stores/servlet/product_10001_10001_62074_729667_-1



ooo they are lovely nikki :w00t: and fab price ... they even have them in my size!

they look comfy too for high heels which isnt often

dare i order a pair though ... will i get alllll excitedddddd and then get that blinkin letter !! LOL

nikkib123;3904537

I know they are so cute but I have over 100 pair of shoes and 3 red pairs … I know they are so cute but I have over 100 pair of shoes and 3 red pairs already ha ha.They have them in black as well. Don't forget the extra 20% off and free delivery codes , so you would get them for £11.20 delivered (if I have worked that out right) :-D



omg woman over 100 pairs!! iv got one pair of boots ... trainers .. one pair of flats and 1 pair of high heels :oops: lool ... iv got big feet so never find any i like in my size normally ... i love them shoes though and the black ones would go with anything ....

oh gawd youv done it tooo me ... iv gotta have em now espesh with the vouchers its too much for me i cant resist any longer lol :w00t:

nikkib123;3904581

I don't own a pair of trainers or flat shoes. I am a high heel/boots … I don't own a pair of trainers or flat shoes. I am a high heel/boots person.Oh yeh I do have one pair of flat shoes but don't wear them much.I will keep my fingers crossed re shoes ha ha :thumbsup:



i love heels but trying to find a pair that not only fit me but are comfortable to wear is a nightmare .... these seem to fit the bill though cheers i sooo want em .. if i get that blinkin letter im gonna cwy and rub my snotty nose on ya loool ;-)

Banned

nikkib123;3904393

Yeh that makes sense - just checking your not drunk today :-D


not yet anyway ;-)

Banned

debenhams are pretty much on all major high streets so i take it it wasnt that important to go out and purchase from them?

you have no rights you cannot claim anything from them, common sense

Banned

nikkib123;3904937

Well you have a good excuse tonight ha ha - have a great night! :-D


today you mean. Starting at 1pm lol :thumbsup:

Have a goodun too :-D

Original Poster

Money was taken from my account but their T&C's say that they will do this. My point is that I enter into a binding contract when the item is dispatched, I received an e-mail telling me it had been dispatched then they tell me that that email was computer generated and classed as an update and not confirmation of the dispatch??? How would I know as a consumer that it really and factually been dispatched if they don't tell me?
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