Specific Performance

[Tallmat]

About six months ago a well-known bike retailer held a special promotion for a bicycle that would normally retail around £2200. The special price was £1600.

I went to my local store, they didn't have my size in stock but the system showed one at the warehouse. I paid a £50 deposit, and was told the bike would be delivered to the store within 3-5 days.

Nothing happened. I called to chase. After six weeks still nothing. No one returned my calls. I wrote to the Chief Executive to complain. The store manager called me and said the model in the special promotion had now been discontinued. Its successor costs around £2400 but is essentially the same machine. There are no other equivalent bikes that can be bought for £1600 that match the specification of the one I ordered.

Store Manager said he would come back to me with a proposal on how to deal with my order.

This was all promised verbally. Two months later still nothing.

I have a receipt showing that I have paid the £50 deposit and the model to which it applies.

Could I enforce Specific Performance? I read somewhere that this remedy applies only to unusual or unique items.

On that basis could the bike shop simply refund the deposit and walk away from any obligation ?

Many thanks for your thoughts.

[Caspar]

Re: Specific Performance

I don't know. I know I was recently shown to be wrong over loss of bargain, so I don't know whether that might apply here or not?

[Guest]

Re: Specific Performance

How did you pay the deposit?

[Tallmat]

Re: Specific Performance

Deposit paid by credit card. Thanks

[Guest]

Re: Specific Performance

Good. In that case, you may issue a claim against your credit card issuer, which is going to be a great deal easier to enforce than against this bike retailer.

Take a look here for more details.

New Member Advice - Legal Beagles Consumer Forum

Essentially, you claim for breach of contract, but issue the claim against your card issuer. The link above provides all the detail you need in order to complete the claim.

Damages for breach of contract may be categorised in three different ways, but the only one that you will be interested in is Expectation Damages. These are intended to compensate you for not receiving a benefit under a contract that you would have received had it been properly performed. This category may also be referred to as damages for loss of bargain and it is this that you should claim for here.

Finally, Specific Performance is an equitable remedy, is not the usual remedy for breach of contract claims and is rarely used as the law takes the view that equitable relief will not be available where damages are an adequate remedy.

[Tallmat]

Re: Specific Performance

I'm indebted to you for your reply, and I will follow your guidance in bringing a claim against the credit card issuer.

And also for advising me that SP is an equitable remedy; good job i hadn't taken that line any further!

Thanks again