Contract Broken and Refunded

EddieP

New Member
May 17, 2009
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Hi,

I bought ordered some "investment metal" from a supplier's on-line store. They confirmed the order and asked for payment, this I promptly did via BACS. The next day I got an email saying that it had been a pricing error and that they would be refunding the order. After advice from trading standards I told them that I wasn't accepting the refund as a termination of contract.

They say that as the price was wrong they didn't have to deliver the goods.

The metals market is in constant fluctuation and the DSR's don't apply to these products.

They say that I was trying to take advantage of the error, but if that was the case I'd have ordered enough to pay off my mortgage. My counter argument is that I was trying to buy into a low point of the market.

Since this happened they have changed their terms and conditions to allow them to cancel delivery if priced in error.

I'm looking to get my goods out of court, but if I have to go to court what value do I put on the claim? The price has since dropped but may increase when settled.