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SPALICE

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About SPALICE

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  1. I have been in a dispute with SWIGA for over 12 months in relation to a warranty claim for poor workmanship and they have refused to refer the matter to arbitration even though arbitration is cited in their complaints handling procedure. I would be most grateful if you would share any experience, good or bad, of your contact with SWIGA on the trustpilot website because I think consumers need to be made aware of the issues they may face if they try to make a claim against the SWIGA Gurantee.
  2. A big thanks to all of you for taking time to respond. If anybody else has anything further to add, please feel free to leave your comments. Best wishes
  3. I have seen an item for sale on a well known internet website. A competitor of the said website has a business model whereby they will undercut the price of goods that are being sold on the well known website. In order to get the lower price from the competitor, you would have to make a 'demand' on their website by copying and pasting the link to the advertised goods on the well known internet site, You then have to wait for the competitor to make you an 'offer' to buy the goods at a lower price. You have a limited number of hours to accept or decline the 'offer'. If I accepted the 'offer' and paid for the item within the 'offer time'! In contract law, would this be an 'offer' or 'invitation to treat'? Thank you
  4. Hello, I am currently looking for previous versions of the CML Lenders Handbook Part 2 (Birmingham Midshires) from 2001 to 2013. I have looked on the CML website and they do not appear to have previous versions in their archives. If somebody could suggest other sources it would be greatly appreciated. Thank you
  5. Thank you for taking time to respond. In terms of what I would like to achieve, I would like the vendor to fulfil the original order at the advertised price and I would also like the vendor to make their T's & C's more transparent to the consumer. Currently, the T's & C's are 7 pages long if you were to print them off. I would also like the vendor to refrain from taking monies from the customers bank accounts until: 1. the goods have been checked for availability 2. the goods have been checked for any pricing errors In states in the vendors T's & C's that 'We take payment from your card at the time we receive your order, once we have checked your card details and stock availability'. I can confirm that payment was taken from my card but subsequently, I received an email from the vendor stating the goods were no longer available. If the vendor didn't have the stock available at the time the order, why was a payment taken and why was I given an order confirmation number. The get out clause for the vendor is 'Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it'. I think that it is unfair on consumers that vendors can ask for payment from your card at the time they receive the order if they do not have the goods in the first place or if there is a pricing error. I accept that nobody is perfect and we all make mistakes but surely, a common sense approach would be for the payment to be taken after the vendor has checked the goods for availability and for any pricing errors as this would minimise any inconvenience caused to the customer.
  6. Thank you for your comments and don't get me wrong here, I am not a Solicitor, but I think you are mistaken because the adverised price was misleading (Consumer protection from unfair Trading Regulations 2008 misleading pricing practices). They should have also checked the availablity of the goods before taking the payment as per their T's & C's. I would draw your attention to the Unfair terms in Consumer Contracts regulations 1999 - Section 5 .1 "a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer."
  7. I know this could end up costing me financially and I have never taken anything to court before. I am planning raise awareness by doing a press release to get some media coverage because I do not think it is fair that retailers take the money out of the customers bank account and then cancel the order. In my opinion, taking the money first and then cancelling the order is 'unfair' and the terms and conditions appears to be to the detriment of the consumer. I am interested to know what the Court Service will make of this.
  8. I purchased some electrical goods online from a large supermarket chain. I paid for the goods using a debit card and funds were debited from my bank account. However, the order was cancelled by the vendor and I was told that the item was no longer available. My money was refunded in full but I then discovered that the advertised price was actually a mis-price. To cut a very long story short I have decided to take this to the small claims for two reasons: 1. Loss of bargain 2. To get the retailer to stop taking monies from customers bank accounts until the point where the goods are checked in terms of their availability and checked to ensure the goods are not mis-priced. I will ask the court to take into consideration the following. 1. Misleading pricing interms of Consumer Protection From Unfair Trading Regulations 2008. 2. The unfair terms in Consumer Contracts regulations 1999 - Section 5 (1). Is there anything else that I should be using to support my arguments in terms of legislation or case law? Thanks in advance
  9. I purchased some electrical goods online from a large supermarket chain. I paid for the goods using a debit card and funds were debited from my bank account. However, the order was cancelled by the vendor and I was told that the item was no longer available. My money was refunded in full but I then discovered that the advertised price was actually a mis-price. To cut a very long story short I have decided to take this to the small claims for two reasons: 1. Loss of bargain 2. To get the retailer to stop taking monies from customers bank accounts until the point where the goods are checked in terms of their availability and checked to ensure the goods are not mis-priced. I will ask the court to take into consideration the following. 1. Misleading pricing interms of consumer protection from unfair Trading Regulations 2008. 2. The unfair terms in Consumer Contracts regulations 1999 - Section 5 (1). Is there anything else that I should be using to support my arguments in terms of legislation or case law? Thanks in advance.
  10. Thank you for your prompt reply. I purchased the goods from Sainsbury's and they were being sold at a reduced price. I have spoken with the CS department and in all fairness they did apologise but it was a complete waste of my time and i wasn't very happy that they took funds from my account. Needless to say, they have removed the product from their website. Best wishes
  11. Good afternoon, I recently purchased some electrical goods online and the funds were taken from my bank account. Shortly after placing the order, I received an email inforning me that the order had been cancelled. I have checked the terms and conditions of sale from the retailers website where it states: 'We take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Payment must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address.' The question is the contract legally binding after funds have been taken or is it reasonable for a vendor to take funds and then cancel an order? Please advise. Thank you
  12. Buzby, Thanks for the advice. The tickets were actually e-tickets that were emailed to me by the promoter. The email consisted of details of the event, date, time and a three digit number that you give at the door together with your name and post code. To be perfectly honest I would never go back to the venue but I guess I'm seeking some sort of compensation from the promoter such as a couple of tickets for a diffferent event. Best regards
  13. Dear reader, I would be grateful if you could please advise on the following? I recently entered a competition, with a reputable company, to win 2 tickets to a Bank Holiday dance music festival. I was very lucky to win 2 tickets and I invited a friend of mine to come along. I arrived at the venue at 12.30 a.m, only to be told that tickets wouldn't be accepted after 12.00 a.m but their website clearly states that the last admission is 1.00 a.m. I tried to reason with the door staff but they wouldn't compromise. I was told that we could enter but we would have to pay the full entry fee. I've never been so embarressed in my whole life and it reuined a perfectly good night. Do I have any legal rights in this matter? Thank you
  14. Hello, I was wondering if any members could please help with the following. In August this year I purchased 2 tickets for a gig in December 2008. I used a credit card to purchase the tickets from a reputable digital store via the internet. I can confirm that the payment was taken from my credit card, and that I received a booking confirmation via email and subsequent emails informing me about the status of my order and one email in particular sates that my tickets were despatched on 6 October 2008. To cut a long story short my tickets never arrived, and when I contacted the vendor about the tickets not arriving , they said that they had made a mistake with my order and that they have no tickets for me and they have refunded the money to my credit card. I was absoloutely devastated because I been going to gigs to see this group since the early nineteen nineties and they do not play very often, especially in such a small venue The gig in December is going to be in a really small venue which holds about 3000 people. They usually play at festivals and arenas. The vendor has advised me that the gig is sold out and that they do not have any further tickets available. For your information please see the agents terms and conditions which they seem to be in breach of. Ticket Sales All tickets are final once the money has been received **************, unless the event is cancelled, rescheduled or the facility is closed due to unforeseen circumstances. Limited to 4 tickets per person, per gig Ticket Despatch Tickets will be despatched by secure signed for delivery within 14 days of you placing your order Your order total ********** will charge your credit card in British Pounds Sterling and if you are from overseas, your credit card company will then convert that amount to your currency.There are many 'Currency Converter' tools available on the web that will give you an idea of how much you will be charged, but they may NOT give you a 100% accurate figure. Here is one site that will give you a currency conversion XE - Universal Currency Converter Delivery Costs For delivery costs please click on the delivery button above. I do not know much about consumer law but I believe that they are in breach of contract because their terms and conditions clearly states that all ticket sales are final. Please note that I have received a full refund but I said that I didn't want one. What are my legal rights here? Thank you
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