Loss of bargain?

[jagoico]

Hi, all - my first post!

In January this year we bought a buggy from Mamas and Papas. It was on sale for £59 and was listed as £110. It shortly developed a fault in that one of the front wheels was not touching the ground properly.

We took it back to the store and rather than give a replacement, they took it away for repair. They were unable to provide a temporary buggy in the meantime. This took two weeks.

After two weeks, we went back to the store to collect and found they had not fixed the problem. So they took it back for repair for another two weeks. Again without a temporary buggy.

It was costing us each time to travel to the store which was out of town and they charged for parking. So this time they returned it to our home address by courier.

We moved home.

When they returned it (to the new address), it turned out that they had still not fixed the problem. So we called them and arranged for a replacement by courier. This time, however, the model was discontinued so we agreed on an alternative from the same range.

We waited some weeks and we had still not received the replacement even though they had taken the original buggy.

I called them and they said that the replacement model was also out of stock and would not be in stock until the end of May. They had neglected to inform me. I had to discuss with the wife what to do, and we decided to wait until the end of May. When I called them again to say this, it turned out that they had one in stock and had sent it to the store and were waiting for us to collect. This was the store in London but we had moved to Cheltenham. I told them that we agreed that they were to send it to our home address. They checked the notes and confirmed this and instructed the store to courier it to our home address asap.

We waited for the delivery. It did not arrive and after several phone calls, it transpired that they had sent it to the wrong address. And they had no more in stock.

They offered a choice of alternatives from the same range, but they were aesthetically not what we were after. They would only let me choose from a range that was £99 and below because that is what the listed price for that range was currently.

The original buggy was listed at £110 and we bought it on sale for £59. Hence, we were not able to find anything suitable as it would mean either getting something of the same range in a colour we did not like or downgrading to a lesser model.

It has been four months since we purchased the buggy and we are still buggy-less. They are unwilling to offer a higher spec buggy to compensate for the inconvenience.

If I ask for a refund, would I be able to ask for the currently full list price due to "Loss of bargain"?

Is there anything else we can do?

TIA

[leclerc]

Re: Loss of bargain?

Hi, all - my first post!

In January this year we bought a buggy from Mamas and Papas. It was on sale for £59 and was listed as £110. It shortly developed a fault in that one of the front wheels was not touching the ground properly.

We took it back to the store and rather than give a replacement, they took it away for repair. They were unable to provide a temporary buggy in the meantime. This took two weeks.

After two weeks, we went back to the store to collect and found they had not fixed the problem. So they took it back for repair for another two weeks. Again without a temporary buggy.

It was costing us each time to travel to the store which was out of town and they charged for parking. So this time they returned it to our home address by courier.

We moved home.

When they returned it (to the new address), it turned out that they had still not fixed the problem. So we called them and arranged for a replacement by courier. This time, however, the model was discontinued so we agreed on an alternative from the same range.

We waited some weeks and we had still not received the replacement even though they had taken the original buggy.

I called them and they said that the replacement model was also out of stock and would not be in stock until the end of May. They had neglected to inform me. I had to discuss with the wife what to do, and we decided to wait until the end of May. When I called them again to say this, it turned out that they had one in stock and had sent it to the store and were waiting for us to collect. This was the store in London but we had moved to Cheltenham. I told them that we agreed that they were to send it to our home address. They checked the notes and confirmed this and instructed the store to courier it to our home address asap.

We waited for the delivery. It did not arrive and after several phone calls, it transpired that they had sent it to the wrong address. And they had no more in stock.

They offered a choice of alternatives from the same range, but they were aesthetically not what we were after. They would only let me choose from a range that was £99 and below because that is what the listed price for that range was currently.

The original buggy was listed at £110 and we bought it on sale for £59. Hence, we were not able to find anything suitable as it would mean either getting something of the same range in a colour we did not like or downgrading to a lesser model.

It has been four months since we purchased the buggy and we are still buggy-less. They are unwilling to offer a higher spec buggy to compensate for the inconvenience.

If I ask for a refund, would I be able to ask for the currently full list price due to "Loss of bargain"?

Is there anything else we can do?

TIA

You cannot ask for a refund of an item at a higher price than you paid for. You can ask for a refund and you certainly can put in writing to the CEO/Managing Director of the company of the failure to follow the Sale of Goods Act by offering a replacement immediately and that your view of the company has significantly been tarnished by this experience but you cannot ask for more money that you actually paid.

[jagoico]

Re: Loss of bargain?

Thank you for the response.

How does the "Loss of bargain" rule work, then?

[leclerc]

Re: Loss of bargain?

Loss of Bargain advice please! - Legal Beagles Consumer Forum

Have a read of this thread but particularly Cetelco's post on loss of bargain

[jagoico]

Re: Loss of bargain?

Thanks again.

In reading that thread, I come to the conclusion that there is grounds for claiming the difference between the price I paid for the buggy and what the buggy is now on sale at, as I mentioned above. However, the post above suggests this is not the case. I'm confused.

Essentially, I bought the item on sale at £59 when it was listed at £110.

It is now listed at £99 and hence, if I get a refund of just £59, I cannot purchase the equivalent.

UPDATE: By equivalent, I mean same colour, too, as they have the same model but not in the colour we asked for or want.

[CleverClogs]

Re: Loss of bargain?

By equivalent, I mean same colour, too, as they have the same model but not in the colour we asked for or want.

How does the colour of the perambulator or baby carriage affect its ability to carry your sprog(s) safely?

[Guest]

Re: Loss of bargain?

As leclerc has correctly identified, this does not appear to be loss of bargain, otherwise know as expectation loss. However, you may be able to claim reliance loss. This is designed to compensate you, the innocent party, for expenses incurred and losses suffered in reliance on the contract. The object being to put you in the same position you would have occupied had the contract never been made, that is, to prevent unjust impoverishment. Expectation loss (or loss of bargain) and reliance loss are mutually exclusive to prevent double recovery.

I would suggest a letter to the manager of the store setting out what you have written above and asking for the product you actually want, in the colour and style that you want or you intend to issue a claim against them for your losses to date, based on a claim for reliance loss, not loss of bargain.

Notwithstanding the above, I would suggest that you attempt to reach a mutually satisfactory conclusion with the retailer, since the sums involved here are relatively minor and I am sure once you point out, in writing, what you want to happen and what your options are should you be denied, they will see sense.

[jagoico]

Re: Loss of bargain?

How does the colour of the perambulator or baby carriage affect its ability to carry your sprog(s) safely?

I have a son. The alternative was for girls.
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Thank you for clarifying this, all. Great forum!

[CleverClogs]

Re: Loss of bargain?

I have a son. The alternative was for girls.

I still do not understand how it would make any difference; unless the child were to be, ahem, "plumbed in", there surely can be no functional difference between the "girl" and "boy" models of baby carriage.

Are you concerned that if he was excessively exposed to pink ribbon or pretty colours, he might grow up to be a homosexualist?

[Caspar]

Re: Loss of bargain?

Assuming you're a male, would you willingly walk around dressed as a woman whenever you go out if you didn't have to?

I think that's the point they're reasonably making.

[CleverClogs]

Re: Loss of bargain?

Assuming you're a male, would willingly walk around dressed as a woman whenever you go out if you didn't have to?

I think that's the point they're reasonably making.

At one time, all young children - both girls and boys - wore dresses until they went to school.

[Caspar]

Re: Loss of bargain?

At one time, all young children - both girls and boys - wore dresses until they went to school.

....... he answered trying to avoid answering the question asked!

[Amy]

Re: Loss of bargain?

How does the colour of the perambulator or baby carriage affect its ability to carry your sprog(s) safely?

I don't believe anyone is disputing the fact that the colour would impede the safe use of the 'perambulator', but I do believe that we have moved on a tad since the days of Henry Ford when you could have any colour you wanted as long as it was black.

I'm not sure if you are aware of the fact that baby transport is available in pink in the 21st century. It is not decorated with pink - it is pink and while you could put a girl in a blue buggy, it wouldn't really work the other way around unless, of course, you are Elton John, but since we are talking about a baby, it's perhaps a bit early to tell.