LivingSocial not honouring deal

[azza87]

Hi all, I'm looking for some advice as to where I stand with a deal I went for on the LivingSocial website.

 

on 26th December they ran a deal for a sharp 24" LCD TV for £179 or free if you referred 3 people to the deal who bought it.

 

Here is a link to the deal: http://www.livingsocial.com/deals/220506-sharp-24-inch-full-hd-1080p-led-edge-lit-lcd-tv

 

I referred 3 people and the status of my order confirmed I would get the TV for free, but when the deal ended the charged the full £179 to my card in error. I phoned them to query this and they confirmed the payment shouldn't have been taken and returned the money to my account.

 

The deal stated the TV would be despatched on 14th January and told me to expect mid week delivery. There was still no sign of the TV by the end of January so I contacted sharp to find out what the hold up was.

 

I was told they had no record of any order being placed and to contact LivingSocial to let them sort it out. I called them and was told that they would look into it for me and send out an email to me or call me back the following day with a resolution.

 

A few days later after hearing nothing back from them I decided to contact them again but this time via email. I have today (8/02/12) finally received a reply from them but was gobsmacked at what the email read.

 

This is a copy of the email received:

 

“Thank you for your email.

 

We have been looking and following up your account and it seems that a TV has not been allocated to you which why you have not received one on this occasion.

 

 

Please accept our sincere apology for any inconvenience caused on this occasion.”

 

Despite them gaining commission from my 3 referrals for the deal and them taking the payment for it before returning it and confirming I would get the TV for free they are now saying, almost a month after the TV should have been despatched that I'm not getting anything at all.

 

Sorry for the long story, but is there anything I can do about this? I feel completely cheated.

 

Many thanks in advance for any advice/suggestions.

 

Aaron.

[azza87]

Anyone?

[Abby25]

Well I would take the route that they owe you compensation, in the form of the pch of the TV - as you missed the deal solely as a result of their negligence and mal-administration = which is a breach of the contract you entered into. I.e they advertised a product as an agent of the provider, you purchased it under the adverised terms, you failed to receive your product - as they omitted to reserve/pch the item on your behalf.

 

You could also quote the Mis-representation Act 1967 as part of your complaint - in that their representation of the terms of pch, lead you to believe you were entering into a contractual arrangement with L Social to provide goods, which they have failed to adhere to.

 

I'm not legally trained (don't think O level law counts !!), so hopefully someone who is, and more au fait with consumer and contract law will be along ... but if this were myself I would pursue on the above basis.

 

Hope this helps

 

Abs x