Mr F, Southend on Sea
Mr F, sold some Robbie Willams concert tickets on eBay. Five months after selling the tickets, the ticket promoter advised our client that the venue had changed from Wembley to Milton Keynes. This information was related to the purchaser of the tickets who agreed with this. Three months later, the purchaser wanted a refund.
What did we advise?
We advised that when the auction closed a contract was formed and that he was not obliged to return the money. Even considering the change of venue, (as this was accepted at the time and was a variation of the original contract), the contract was still valid. We also advised him in relation to the satisfaction clause on eBay which formed part of the contract.
Mr C, Nottingham
He had purchased a motor home that leaked during heavy rainfall. The cost of repairing the leak was significant. In the contract, it was expressed that it had no leaks in it at all.
What did we advise?
We advised that this was a breach of contract and that Mr C would have a remedy (solution) in contract. His remedies would include an action under the Misrepresentations Act 1967 and/or an action under the Sale of Goods/Supply of Goods Act (as amended). Together with common law remedies.
Mrs B, Enfield
Our client had purchased a brand new car from a main dealer. She had signed a contract which had also been counter signed by the dealership. She was then contacted 2 days later to say that the car was no longer available as it was part of a special promotion and that this had expired.
What did we advise?
We advised that as they had entered into the signed agreement they were bound by the terms and she was entitled to the car. We advised her to contact the sales manager or director of the dealership and if that was unsuccessful to contact the manufacturers directly. As a result of our advice, Mrs B came back to us a week later absolutely delighted saying that she had spoken to the sales director who confirmed that she was entitled to the car and that she had now taken delivery of it. She was so pleased with the service and advice that was given that she sent us some wine as a token of her appreciation.
Mrs L, Flintshire
Mrs L had purchased a tickets package to a Madonna concert on eBay, including hotel accommodation and VIP tickets. The tickets never arrived.
What did we advise?
After explaining her contractual position we explained that the seller had not fulfilled their part of the contract and she therefore had an action against him. We advised that she needed to write a Letter Before Action and explained what this should contain. Depending on his response she could then take action in the Small Claims Court and we explained the procedure involved.
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