Loss of a Bargain. Retailer claims I have suffered no loss as they have refunded.

[Free Spiriting]

Hi

 

On 23^rd September,  I placed an online order for a balaclava at, “Mad About Mountains”.  The item in question was reduced from £30.99 to £19.99.  Total price including postage was £23.98

 

• My credit card statement shows the transaction cleared on 23^rd September.

 

• Today, 27^th September I received an email stating the item is, “missing from stock” and a refund will be issued to my credit card.

 

The best price I can source the balaclava from now is  £32.95; the discounted price I originally paid in good faith seemed a fair, genuine saving (certainly not a pricing mistake)

 

In short, I have asked the retailer to pay the difference of nearly £9; citing the cheapest retailer I can obtain the item from including postage.

 

 I explained I was requesting this amount to compensate me for “loss of bargain” due to their breach of contract. 

I explained that consideration has taken place in the contract due to my credit card being fully charged and a confirmation of order having been emailed (nothing on the confirmation about when the contract is formed)

 

I should add that via email I have already cited the cheapest retailer I could find.  I asked for any suggestion they had as to where else I could get it cheaper in order to mitigate losses.

 

 

The retailer has refused my request, stating I have suffered no loss and I am free to purchase the item elsewhere.  They have ignored my mention of loss of bargain.

 

The retailer has confirmed their address for service of documents and state they look forward to my correspondence as they are satisfied with their own terms and conditions.

(having read their short terms and conditions, I see no mention of when a contract fully exists)

 

Is it worth perusing this with a letter of claim, or should I just let it go ?

 

[whitelist]

For a second, let us forget about the technicalities of a contract having a legal status after consideration.

 

All this for £9.00?

 

Have you considered you own time writing letters etc chasing this up for suct a pitiful amount?

 

Let it go would be my advice, it is simply not worth it as rightly stated

 

You have suffered no financial loss

[BankFodder]

Apart from the logistics involved claiming back a mere £9 the answer to your question is that yes – you have suffered an expectation loss of £9 and that is recoverable and if you bought a small claim you would win

[Free Spiriting]

Thanks for the feedback.

 

I think I am minded to let this one go given the small amount.  I think it was more as a point of principal in my mind; but sometimes life is too short !

 

 I'm sure the staff on this site have more pressing matters to attend, I wouldn't want to become a resource sink hole..

 

 

Thanks..

[Kyosanto]

I would totally do it, just to p**s them off 

[Free Spiriting]

16 hours ago, Kyosanto said:

I would totally do it, just to p**s them off 

 

The thought had crossed my mind.

 I think it was their rather blasé email reply that triggered me.

 

I've not found many references to loss of bargain on consumer forums. Other than a Kodak camera incident that occurred several years ago .  I think the Kodak incident  prompted many retailers to amend their order confirmation emails / terms to state the contract was not formed until payment was fully taken; rather than leaving themselves exposed to an idivdual arguing the email confirmation was 'acceptance'.

 

 There is a brief thread on another consumer forum whereby the claimant tried to sue Argos for loss of bargain.  From reading the comments, it looks like the defendant managed to persuade the judge that as the courier had lost the package - the contract had become frustrated (although there was suggestion from others on the thread that the judge was wrong and losing a parcel itself does not fustrate the contract).  Not applicable in my case any way. as the damn thing was never sent. !