Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
On 27th December 2006 I was in a top UK store in Bluewater looking at beds. Was interested in a Tempur bed and my wife and I spent some time discussing different options with the sales assistance. We asked for prices and came to a decision on particular bed. The sales assistance checked the price with a phone call and after taking advice from her manager.
There was a sale on and on top of that there was an additional discount if we bought via a Store Card (I had to sign for the new Store Card at time of purchase.
I agreed the price (£2,000) and had to sign the "Customer Order Form" and give a deposit of £388. Last week I recieved the Store Card Account in the sum of £388 and I paid this immediatly.
We were expecting delivery in early February 2007.
Anyhow, we recieved a phone call from the Store to say that there was a mistake with the price. They said the price did not included the matress and they wanted an additional £1,150. I said I was not happy and that I wanted the matter to be passed to a manager and that I wanted the Store to complete their side of the contract.
I had a call today and was give two options 1) to cancel and 2) they would take £1,000 if I wanted the bed.
I said no. The manager says they have the right to cancel the contract under consumer law.
I am not sure.
The contract gives the Store the right to cancel the contract only if they cant obtain the item from supplier (they have admitted they can get the item).
Also, the contract says that if I cancel after 14 days I have to pay the Store £500.
If they have used a term in their contract which allows them the right to cancel without penalty but doesn't offer you the same right, then this is an unfair term and can be classed as unenforceable.
If you have both agreed the price and they have accepted your offer to buy it at that price, which it seems they have, then this is a legally binding contract and they have to sell it to you at this price.
I would suggest to them that they call their local Trading Standards business advice line so that they can hear it for themselves
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
The contract only refers to the stores cancellation in the event that the item can not be obtained from their supplier. Of course, they have acknowleded that the item is available as they asked me for another £1,000.
If I had cancelled within 14 days I would have had to have paid a minumun of 20% of the bed (just under £400). Interestingly, there is no fixed amount of my loss. Just 20% minimun.
I have today faxed a letter to the Store demanding that they proceed with the contract. If not they are in breach of contract and I will commence legal proceedings.
Deal or No Deal
and after taking advice from her manager.
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