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What are our rights in terms of a deposit paid, and goods sold to somebody else?

8 replies

CrochetDiva · 27/03/2009 18:32

We ordered a trailer tent last August in the summer sale, and put a 10% deposit on an ex-display tent (£480). When I was doing the order we had all sorts of problems because they firstly wrote the wrong card number down, then wrote the wrong phone number down, but eventually it all went through, and they had the correct details, and we received the invoice and the receipt for the deposit through the post. I'd informed the company that we wouldn't be picking the tent up until around Easter this year, and they agreed to store it, asking just that we gave them 2 weeks notice that we wanting to pick it up.

DH phoned the company yesterday to arrange for us to go to pick it up (we'll basically have to stay overnight in the area as it's a good 4 hour drive from where we live), to be told that there seemed to be a problem and that our order had been cancelled.

DH has spoken to them again today, and has been told that they have been trying to contact us since last september, but the phone number was wrong, and they have sent us letters (which have never arrived), so, as they couldn't get in touch with us, they have cancelled the order and sold the tent to somebody else. They have not returned the deposit to my credit card, so still had £480 of our money.

They have said that they are willing to sell us a tent still, but that given that the exchange rate has changed to the worse, that we will have to pay a much higher price than the price we agreed with them last August.

They are phoning back tomorrow to give us some prices.

Where do we stand legally on this? It's my feeling that given that they have always had our 10% deposit, that we shouldn't be shafted because they have ballsed up.

What should we say to them tomorrow when they phone us? Do we have a good case to firce them to sell us a tent for the price we agreed last August - given that they have our deposit, and frankly can't have tried that hard to find our correct phone number (which I am sure they had, given the mix up I had to sort out at the time) as we are in the phone book, and they had our address (albeit with a postcode that they had missed one digit from - having CF6 rather than CF64.

Help!

Have to go and bath the smallest one now, but would really appreciate any help you can give!

W

OP posts:
catinthehat1 · 27/03/2009 18:49

bump

CrochetDiva · 27/03/2009 19:37

anybody?

OP posts:
scrooged · 27/03/2009 19:46

You seriously spent £4800 on a tent!

Wait and see what they say tomorrow. You have a contract with them to supply you a tent at the price on your reciept. You are covered by the sale of goods act for this.

Consumer direct are better at helping with these sorts of problems then us mere mortals on here

CrochetDiva · 27/03/2009 19:50

It's a trailer tent - a folding camper ...

consumer direct ... I shall go and see what I can find out from them.

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CrochetDiva · 27/03/2009 19:58

Their office is closed - I shall try in the morning - this is really worrying me

I can't find anything on the site that gives me some idea of where I stand ...

OP posts:
scrooged · 27/03/2009 20:04

Try them again in the morning. They are really helpful. You could also try your insurance company, mine has a free legal advice phone line.

Shadownto · 27/03/2009 20:21

Tbh, I'd go to the credit card company and get your deposit back and find somewhere else to buy from. They've messed up so badly - couldn't even write your phone number down properly - that I'd be wary of buying from them in case something happens down the line that you need help with. I don't think I'd trust their customer service.

Good luck!

CrochetDiva · 27/03/2009 20:42

Problem is that there is only one company in the UK that imports this particular brand of trailer tent - and it's that specific type that we want - so we're stuffed really. I would so love just to tell them to stuff it!

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