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.
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.
Comment