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Hi,
I purchased an item on sale for £90 from an online seller.
It developed a fault after 6 days. I contacted the seller and they said they will pick up the item and process it for a replacement.
They picked up the item the next day, then after a few days said a replacement was no longer available and they would process a refund. I told them to return the faulty item back to me because it was just a cosmetic fault (1 dead light out of 100) and they were given it only to provide a replacement which they had failed to do.
They refused my request to return my item and processed a refund without permission.
The item is no longer available from them or anywhere in the UK. It was superseded with an updated version that costs £140 which is now the only item with the same features available in the UK.
I have now had to purchase the £140 item for my use.
Does this fit the case for "Loss of bargain" to recover the difference (£50 (=£140-£90)) from the seller in small claims court?
Thank you in advance.
I purchased an item on sale for £90 from an online seller.
It developed a fault after 6 days. I contacted the seller and they said they will pick up the item and process it for a replacement.
They picked up the item the next day, then after a few days said a replacement was no longer available and they would process a refund. I told them to return the faulty item back to me because it was just a cosmetic fault (1 dead light out of 100) and they were given it only to provide a replacement which they had failed to do.
They refused my request to return my item and processed a refund without permission.
The item is no longer available from them or anywhere in the UK. It was superseded with an updated version that costs £140 which is now the only item with the same features available in the UK.
I have now had to purchase the £140 item for my use.
Does this fit the case for "Loss of bargain" to recover the difference (£50 (=£140-£90)) from the seller in small claims court?
Thank you in advance.
"(i) LOSS OF BARGAIN
Damages for loss of bargain are assessable to put the plaintiff, so far as money can do it, in the same situation as if the contract had been performed."
Damages for loss of bargain are assessable to put the plaintiff, so far as money can do it, in the same situation as if the contract had been performed."
