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what do you think???

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ProfilePosted byOptionsPost Date

nannie

nannie Report 18 Mar 2009 15:11

thanks michelle jean,
i have a feeling its what i will have to do and i wont be shopping there again but the shop has been there for years and i know plenty of people who have bought fires from them and had no problems, but its like every thing they are very good until they upset you

nannie

nannie Report 18 Mar 2009 15:05

thanks merlin,

i have sent them a letter recorded delivery which i know they have received this morning been tracking it, i have asked them to reconsider their mistake, one because these gas stoves are mainly sold on the web and i dont like dealing with so much money over the internet i would rather go to a shop and there aren't many shops that sell these stoves. i did contact consumers advise and they said they have indeed breached their contract.
so for now i have taken on board what people have said to me but if i take my money back which they will give me then i have withdrawn from the contract so i will wait to see what reply if any they send to me and if i don't get anywere then i will have to admit defeat.

Merlin

Merlin Report 18 Mar 2009 14:51

Nannie, if you,re still not sure what to do after all the advice you recieved on here, Why not consult a Solicitor ( Legal Aid) he should be able to tell you finally. **M**.Good luck.Personally I would get my Deposit Back and go somewhere else.

nannie

nannie Report 18 Mar 2009 14:29

newby,
i wasn't trying to be rude or ill mannerd if you read my thread again you will see i said by paying a deposit and signed a contract they should honour the contract, it was you who for some reason kepy saying you shouldn't pay for 30 days until your happy. i was happy to pay the deposit i was happy to pay the final balance before i got the stove what i am not happy with is they have put the price up by£500 because they didn't give me the correct price. and i don't throw stropps or wobblers.

i was asking in my thread do people agree i have entered a contract thats all. sorry for late post but i did say i was going, and i do apologize if my post seemed rude to you but it wasn't intended i was just stating a fact that what ever you buy you pay in full before delivery.

Carla

Carla Report 18 Mar 2009 00:52

Threaten them with the ombudsman, if you get no joy.

igor

igor Report 18 Mar 2009 00:06

i googled the same thing as suzian, so what she said is what i was going to post, if you ay a deposit on an advertised price that is contract enough
igor

~♥footie~angel♥~

~♥footie~angel♥~ Report 17 Mar 2009 22:21

I wouldnt like to speculate

suzian

suzian Report 17 Mar 2009 22:20

Pretty sure you're right there. The question is - who else...

Sue x

~♥footie~angel♥~

~♥footie~angel♥~ Report 17 Mar 2009 22:16

relegation = Baggies lol

suzian

suzian Report 17 Mar 2009 22:14

Hi Footie

I'd love to say "Champion", but I wouldn't dare - not with the threat of relegation and Arsenal on Saturday.

All parts of body duly crossed.

Sue x

~♥footie~angel♥~

~♥footie~angel♥~ Report 17 Mar 2009 22:12

Im inclinded to agree Kim ~ lol I agree with someone!

Kim n Sue how are you?

Newby

Newby Report 17 Mar 2009 22:10

Thanks Sue..
Nannie, honestly its not worth the grief.
xx
.

suzian

suzian Report 17 Mar 2009 22:00

Guess it comes down to this Newby

If the shop has accepted the deposit, then they've created a contract and it would then be for the purchaser to ask the courts to enforce the contract.

If it was me, however, I think I'd just accept that there'd been a genuine mistake, take my deposit back and move on.

Sue x

Newby

Newby Report 17 Mar 2009 21:55

Whats she going to do Budgie.. stamp her feet an throw a wobbly??
Distress and trouble caused? Are we talking traumatised ? Over a stove??
Boils down to this.
the company has refused to sell the item to the consumer for the price which was advertised in error. They have agreed to refund her deposit..
this gives the customer the opportunity to purchase the goods elsewhere.. the company makes no money and the customer shops elsewhere.
Where the heck is the problem here?

suzian

suzian Report 17 Mar 2009 21:44


Hi Nannie

Does the following help (from http://news.bbc.co.uk/1/hi/business/the_economy/441740.stm):

"After Argos withdrew its erroneous price-tag on the Internet of £3 for a television set, buyers are furious and talk of compensation - but do they have a point? The BBC's legal affairs correspondent, Joshua Rozenberg, explains.


Joshua Rozenberg
A shopkeeper has a television for sale. He puts it in the window with a large sign advertising the price. A customer sees it in the shop window and offers to buy it.

The shopkeeper does not have to sell the television if he does not want to. At that stage there is no contract.

The shopkeeper is making what lawyers call an 'invitation to treat', an invitation to the customer to make him an offer.



The BBC's Rory Cellan-Jones: "For a while the decimal point was in the wrong place"
So the customer cannot insist on buying the television at the advertised price. If the shopkeeper has put an unusually low price on it - deliberately or by mistake - he can refuse to do a deal with the customer.

Argos does not have to sell you a television for £3.

However, if the company accepts your order electronically then there may be a valid contract.

A customer who gave Argos his credit card number received what was called a Unique Order Code. That may be proof of a contract, although Argos said all items were "subject to availability".

And it is also possible for the courts to declare a contract void if the seller has made a genuine mistake.

The Consumer Protection Act of 1987 makes it a criminal offence to give consumers a misleading price indication.

Shopkeepers in England and Wales can be fined up to £5000 in the magistrates' courts each time a consumer is misled. It's a defence for the shopkeeper to show he acted diligently and took all reasonable steps to avoid giving the consumer a misleading indication.

But a company could not just claim it was a mistake: Argos would need to show it had reliable systems in place designed to stop this sort of thing happening.

The fact that Argos displayed its prices on the Internet should make no difference. The Consumer Protection Act covers giving misleading price indications 'by any means whatever'.

Local trading standards officers could take action in the part of the country where Argos trades or where consumers happen to live."

Regards

Sue


AnninGlos

AnninGlos Report 17 Mar 2009 21:18

Are you sure what you have is a contract?

In a shop if the wrong price is displayed and the shop realises as you go to pay they do not have to sell it t you at the first price, you have to pay the correct price. This is because in law showing the price is what they call 'an invitation to treat'. Some shops of course for the sake of good will let you have it at the wrong price.

So I am not sure that you have a case and i would be inclined to take the deposit back while you have the chance.

Newby

Newby Report 17 Mar 2009 21:13

Well sorry Nannie .. you said you had to pay in full 3 days before delivery .. take a look back at your thread.. obviously you don,t need anyone to try and help after all ...
And where I live yep same applies we are carefull with our money too but we also show manners
..We might be country folk to you but we were bought up to appreciate that everyone deserves to be treated with respect.. not so sure about some of you well educated people in Bolton... from speaking to you.

Martin

Martin Report 17 Mar 2009 20:54

I wouldn't invest any money in gas, in 10 years it may be gone. Food for thought........

nannie

nannie Report 17 Mar 2009 20:45

i wont pay the final bill because they have told me i have to take my deposit back because they are not letting me have the gas stove at the price they quoted me, and if i was to get the fire no one will deliver until you pay the balance this goes for anything you order these days i have never ever bought anything that i have not had to pay in full before delivery.

i dont know where you shop newby but here in bolton you don't get anything until its payed for.

Newby

Newby Report 17 Mar 2009 20:37

Nannie .. please do not pay the final balance until the stove is installed, working and you are happy with it..?
xx