Urgent can someone advise me now please!!!

[lisag100]

well here it goes.

 

I went into homebase about 4 weeks ago and noticed a log cabin/shed for sale. It was reduced from £1700 to £999 as it was an ex display model. It already had a sold sign on it but the ticket said collection due june1 and it was over that then.

 

I asked the customer services to put my name down just incase no-one collected it or for some reason no -one wanted it.

 

I received a phone call from homebase last thursday asking if i was still intrested as the orginal person no-longer wanted it. I told them i was and my husband paid for it that evening and made arrangements to collect it for tomorrow.

 

Today we went into homebase to buy a radiator and noticed that the shed was no-longer there. we asked where it was as we where due to collect it tomorrow and they said that it had been sold this week and the buyer has taken it away.

 

I asked to speak to the manager who was useless and offered us a refund and £50 compensation which we have refused as we paid for a shed of that size quality and thats what we want.

 

To make matters worse we have had groundwork people in to lay a concrete base to the size of the shed and also hired a truck to pick it up tomorrow.

 

Is there any law that protects cutomers as Im sure they cant sell the same product twice. They have had £999 of my money now for over a week and i am only being offered £50

 

All i want is my shed!!

 

please help

[Jase1982]

I asked to speak to the manager who was useless and offered us a refund and £50 compensation which we have refused as we paid for a shed of that size quality and thats what we want.

 

Did they not offer a full refund + £50?

 

Sounds good to me. I think it is unfortunate that they sold your shed twice due to an internal error. Can you not go and buy a similar shed from another store? or ask them to order in the same shed for the same agreed price?

[lisag100]

the shed to buy new is £1700 and we can afford to pay the extra £700. At the end of the day £50 i think is not enough due to all the hassle we are now having and all i want is the shed or one similar and homebase wont offer us that.

[Jase1982]

I think that if they've sold it and it no longer exists, it's gone. not a lot you can do. Try negotiating harder with them. Tell them you will go to one of their competitors. At the end of the day, they should be willing to negotiate and do business with you.

[Michael Browne]

You offered £999 for the shed and Homebase accepted your offer. At that point a contract has been made and Homebase are obliged to fulfil their side of the contract by supplying a shed.

 

The fact that they have sold it to someone else (even by mistake) is not your problem.

 

How did you pay for it and what does the receipt say?

[lisag100]

The shed was on display at £999 saying ex display.

 

we paid by switch card

 

the receipt is just a normal homebase receipt for £999 for the shed

[lisag100]

do you know if any laws exist to protect me against things like this. Is there anyone that could help me write a letter to homebase that i can take in there tomorrow to knock their socks off as im rubbish at writing letters

[Michael Browne]

do you know if any laws exist to protect me against things like this

Yes the Sale of Goods Act:

This is from Trading Standards website:

FORMING A CONTRACT

The contract

When a consumer purchases goods and/or services from a trader, both consumer and trader are entering into a legally binding contract. The contract consists of various express terms and implied terms. Express terms are those which are specifically agreed between both parties – for example, the price in most contracts, or an agreed delivery date. Implied terms are those which are deemed to exist, even if they have not been specifically agreed, and they cover issues such as quality, description and fitness for purpose.

Failure to comply with the terms of the contract is referred to as a breach of contract, and this normally results in the wrongful party having to remedy the breach in some way. In order for an express term to be binding, it must clearly be part of the contract and be legal. Terms given to a consumer after the contract is made (for example, terms written on the back of a receipt) are not part of the contract and they have no effect.

A contract does not have to be written, but where there are key express terms, it is best to detail these in writing so there can be no dispute later on.

How is the contract made?

When a trader displays or advertises goods or services, he/she is giving consumers what is referred to as an ‘invitation to treat’. The consumer will then make an offer to buy the goods or services, and at this point the trader is under no obligation to accept the offer. A contract is made if and when the trader accepts the offer.

Sometimes, the process works the other way round, i.e. the trader makes an offer to the consumer, and a contract is made when the consumer accepts the offer.

 

Under the contract, the consumer will agree to pay the trader a sum of money, and/or to do something else in return for the goods or services the trader supplies. This commitment is known as the ‘consideration’ in the contract. If there is no consideration, i.e. if a trader offers to supply goods or services completely free of any charge or other obligation, there is no contract at all.

 

Write to Homebase store manager explaining the situation and say that that you consider them to be in breach of your contract and that you expect them to supply the shed as promised. If they refuse to do so within 14 days, you will report them to Trading Standards and will take legal proceedings without further notice.

 

[lisag100]

this is the shed we brought for £999

 

Order Finnlife Jarvi Cabin. for home delivery at homebase.co.uk

[118:8]

The trader Homebase is in breach of a legally binding contract (Contract Law).

 

However if they no longer have the shed to sell you probably will not be able to force them to sell you goods they don't have or cannot get or offer at the reduced price. Does not mean you cant try though.

 

If I remember right there is a bit of law called the PRICE MARKING ORDER 2004 that is enforced by trading standards. If you find the exact same shed you can sue the trader for the difference in price. For example if you paid £999 for this shed and after shopping around found the same shed in another place at £1500 you could sue Homebase for the difference in price (£501).

 

If you no longer want a shed or cant find a suitable alternative ask for a full refund plus compensation to cover the groundwork people, concrete base to the size of the shed, hired truck, and any other financial loss.

 

I serioulsy doubt you will be able to force them to get and sell you the same shed at the reduced price. A full refund plus extra for consequential losses is more realistic.

[Jase1982]

this is the shed we brought for £999

 

Order Finnlife Jarvi Cabin. for home delivery at homebase.co.uk

 

I'm confused....

 

If they're advertising the same shed, it's not like they can't supply you. If there was one shed in the entire world and no way of building another due to a nuclear winter destroying all forestry, then I'd say you can't win and have no case.

 

However, they have commited to selling you the shed at £999 and must forfil their side of the contract.

 

Don't see how they can refuse. Even if they get a replacement shed brought in from another store. Shouldn't be a problem. But then again, the Manager probably doesn't know the law and is unlikely to be interested in settling the dispute, so I'd write head office a letter. Get the managers name too, and quote that.

[lisag100]

thanks for all of your replies. I am just going to battle for the same shed. The reason it was reduced was becasue it was an ex display model but they can get the same shed still so i am going to badger them untill they give me one.

[Michael Browne]

Have PM'd you with a sample letter

[lisag100]

Thank you so much, I really dont need this extra stress at the moment I have had enough hassle in the lat 6 months to last me a lifetime as we had a house fire in march and have been in constant battles with our insurance company and to top it off now this happens.