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    • you are in the info gather phase  get it.   it could be fraud or ID theft id you've moved since that EE was taken out.   the other accounts could well be statute barred if you've made no payments in 6yrs prior to their claimforrn. and if they were that would be extremely important to any defence as SB defence would blow those accounts out the water.   dx    
    • I'm trying to understand your story and I gather that the court papers were sent to the wrong address and the claim is in respect of an alleged parking matter but at incorrect address. This correct? please respond and then monitor this thread for a full response tomorrow  
    • I paid £500 for 6 months towards the arrears.  After 6 months I wanted them to capitalize arrears.   I was also slightly struggling to pay 500 every month. I understand I should not have stopped but I made mistake.   Shall I pay £1000 tomorrow?
    • DEAR ALL I have read all of the NEWBIES sections on Car Parking Management and default judgment ( https://forums.moneysavingexpert.com/showthread.php?t=5585047) but I have no direct idea how to proceed this. This is important for me to resolve as I have a pending house purchase mortgage lender refused because of the CCJ and if I don't set it aside soon, Vendors will sell to someone else!!! PLEASE HELP ME. I have paid a CCJ but in the same time I have sent a cover email to both Newlyn and Gladstones that my payment is not made because of acceptance of any aspect of the judgment. A little different to the above mentioned post, I actually got a notice from CPM and Gladstones and Debt Collection which I responded to refusing the claim, as a registered keeper, denying the incident and liability. They kept on sending me correspondence with wrong street address. I have provided them an updated address but they didn't send it there (I have to put Subject Access Request first to access all data, working on it) and my landlord sent all back with Return to Sender sticker. - I moved 6 months later (march 2019) to a new address and got a final notice from newlyn debt collection which under the influence of my panicked parents I have paid them with the above mentioned cover email (the enquiries lady at northamptonshire business centre assured me I can still submit N244 if I pay, didn't take her name, stupid me I know) - BUT requesting the Particulars of Claim from Northamptonshire Business Centre, I can see that the whole Claim as well as all of the relevant correspondence sent up to date (Gladstones, Debt Collection Plus) referred to a Claim for a WRONG STREET. They claim it was parked on parallel street, whereas the photographic evidence is for a different street. There was also no sign on that side of the pavement. BIG QUESTION IS Do you think I can set a CCJ aside on the basis of this event never happening and subsequent procedural errors? (sorry, I don't speak legal terms and English is not my first language) Please if you can help me, my whole family is panicked and angry at me about this and Vendors are on standby unless I am convinced I can win this. I wrote to the Business Park management to tell them about this to just confirm the photos are not from that road but I dont think they will get involved unless I write to the local MP.
    • Thank you, do you mean to ask for the dates of when I last paid them for the contracts that I may have had with them?   Is this essential for the Defence letter?   Though I am 99.9% sure I have never had a contract with EE, surely the Claimant's whole case would be dropped if I prove this to be the case?    Thanks!
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mikeuk2004

Miss Prices

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HI,

 

I recently seen a miss price on a website and took the chance and made an order. As far as i understand it if they take payment and taken money off me then they have to honour this.

 

Is this correct? is this covered under contract law? The retailer is currently making a refund saying their supplier is at fault with the miss price on their website and therefore their supplier wont honor the price.

 

Cheers

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Once an order has been accepted (which is usually when payment has been taken, however check the terms and conditions you agreed to) then a contract has been made which is governed by the statute of the Sales of Goods Act 1979 (As Amended), which will require the retailer to fulfil there side of the contract.

 

If it turns out the retailer has accepted and a contract does exist remind the company that they are obliged to fulfil the order regardless of who's the error was.

 

In short, and as a reply it would depend on the T+C for when an order is deemed as accepted


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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They state this in their terms and conditions.

 

"If an error is discovered in the price of the item(s) you have ordered, we will inform you and issue a full refund as soon as possible. We shall be under no obligation to fulfil an order for an item which was advertised at an incorrect price, if the item(s) has been charged and not despatched we will cancel and refund your order."

 

But I would have thought that this doent matter if they take payment. I remeber seeing an episode on BBC "Dont Get Scammed" about miss price.

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It also says "unavailable to purchase at this time". ;-)

 

Most Internet retailers specify that the contract is only completed on dispatch of the goods, not on taking of the money. In your case, they have made it very clear that the contract is not formed yet and that they can cancel, and you agreed to this, so they are completely within their rights.

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But surley their terms and conditions can not overide the Sale of Goods Act. Isnt that they whole point of the act?

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They can't and these don't, they are perfectly within the terms of SOGA.

 

http://www.opsi.gov.uk/acts/acts1979/pdf/ukpga_19790054_en.pdf

 

Part II - 2 (1), 2 (3), 2 (5) and 2 (6).

 

The terms of sale are that they will sell you goods at a certain price, and that they reserve the right to cancel and refund should they realise their pricing mistake before dispatch, and you agreed to that when you placed the order.

 

Sorry, but you are not going to get the set at that price, no matter how. ;-)

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A contract is made under the SGA when an offer is made and then accepted by the other party. Advertising goods does not constitute an offer however is called an invitation to treat. As such for a contract to be formed you need to make an offer (which you do by 'buying' the goods online) this offer then needs to be accepted by the retailer.

 

Acceptance of an offer can be outlined, and usually is for online retailers as a term of sale. This is not overriding your statutory rights, and neither is it an unfair term.

 

When purchasing in a shop, especially in the example outlined on the show the offer of purchase is accepted at the point of sale, the contract is only formed and enforceable after acceptance which unless otherwise stated would be on acceptance of the money. (It is stated otherwise online).

 

If you have a look at one of the other episodes, one of the quick questions they ask is regarding the legality of a Bus Company having to accept certain cash. It came out that the Bus Company are a private service company and as such could set there own terms of sale for the service they provide (So can accept whatever payment they feel like). The rest is a whole other issue, but anyway that's the basis of the contract law for you :)


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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