Can I get my money back?

[Hellion]

On Sunday I bought a bed from Heli-Beds it was advertised before Xmas at �299 when I bought it they said it had been on offer and was now �399 - fair enough. I specifically asked if it was likely to be on offer again any time soon and they said no. Today there was an ad on TV, same bed �249! I rang up their HO and asked if what I had paid was correct. The guy on the phone got very rude and agressive with me and went into a diatribe about how I wouldn't expect my money back if Tescos reduced their vegetables the day after I bought them (I hadn't actually asked for my money back btw). He was extreemly unpleasant. Anyway the whole thing has left a nasty taste and I'm wondering if I can return the bed - it's still in the boxes and I paid for it by credit card. Does anyone know if I can do this?

[DJerba]

I'd go back to the shop and be really really nice to the shop assistant saying you want to return the bed. Say it was the wrong size or something then buy it back at the cheaper price. Also definitely make a formal complaint about the bloke at HQ state how disgusted you are at their service. Contact the Citizens Advice Bur. They will be able to give you more information you can also contact your credit card company to try and stop the payment if it really gets out of hand but I'd start by returning it and then make the complaint. The nicer you are the more they will want to help you...trust me!

[Hellion]

That's the frustrating thing I was nice, but this guy just came on the phone with an attitude right from the start.

[johnny37]

Legally I dont think you have a case. You were offered the bed a a price and you bought it. However, all these price changes within such a short time are baffling. If you are really nice to them I am sure you will be refunded the difference. Most shops these days have a no quibble refund policy. Tell them it didnt fit your room of somehting like that. Its worth a try but dont get nasty - be nice all the time and it may get results. If no result, politely tell them you will report them to trading standards. Its worth a try.

[Stu Dent]

I think you have a case.

Since you specifically asked if the goods were likely to be on offer again and you were told that they wouldn't be, this statement may amount to what is called 'negligent misrepresentation', since the seller appears to have 'failed to take reasonable care in making the representation' [and] 'had special skill or knowledge, and the other party was reasonably entitled to rely on that knowledge, which turned out to be false'. (Woolman & Lake, 'Contract', third ed, page 81) discussing Esso Petroleum Co. v. Mardon [1976] Q.B. 801. In short, the guy should have at least checked for you and if he had, he'd likely have found it was due on sale again imminently and was obliged to tell you.

Your remedy is a refund as the contract is either void or voidable - if the seller disputes the contract being void. This would then be a matter for a Court.

However before taking Court action, I would advise you get trading standards involved. As far as the seller is concerned they are much bigger and scarier than you are.

Secondly, because you purchased the goods using your credit card (and the goods cost more than 100 pounds), Section 75 of the consumer Credit Act 1974 (equal liability) allows you to claim your refund/damages from the creditor, supplier, or both. So if the seller gets out of Dodge, you can sue the credit card company due to the seller's misrepresentation under the Sale of Goods Act 1979.

See your local trading standards or a Citizen Advice Bureaux.

One more thing: Don't be 'too' nice! You tried that, and they threw it back at you - so get stuck in. Speak softly and carry a big stick (the stick being the Law). Let me know how it goes or if you need further help.

[Hellion]

Thanks Stu, I shall phone them again tomorrow and see what happens. I'll keep you posted!