Hels I spoke to the guy I mentioned ..... Here is a copy & paste of the MSN convo x
**** says:
Well, if it were me who'd recieved the software instead of the laptops I'd be delighted (nope I've not flipped ) alot of people have been talking about the fact that until the good are delivered a contract has not been formed - in sending the software they have concluded the deal and formed the contract of sale..............
**** says:
Now you may say ''well so what, she wanted laptops she got software'' the point is that they have accepted the order for laptops as per their T's and C's but then delivered something different.................
**** says:
If I can link it to my own field - it would be like me offering lobster salad for £1.99, taking the orders and money, then serving pilchards instead!
**** says:
yep, well if it was me (but bear in mind I'm an arguementative old buzzard) I'd send a recorded del letter stating they have sent goods she did not order, that they have formed a contract in sending the goods - just that it's the wrong goods. maybe give them 21 days to arrange collection of software (she is under no obligation to post it back as it was unsolicited) and tell them that if..........
**** says:
the laptops are not fourthcoming she will open a case via the small claims court
Wobbles says:
if under no obligation to send back does that mean they can't charge her for them? Or am I being dumb
**** says:
nope, they are wrong to have charged cause she didn't order the software - could be worth also stating that any invoices showing a charge for software will be ignored - and possibly used as evidence in any future court action
Wobbles says:
An all this is legal
**** says:
yup, well yup any court action or the retaining of the unsolicited goods by her is all legal - but Littlewoods have broken The Sale of Goods Act 1979 by forming a sales contract and then not sticking to it
He said he is willing to signup & give you any more advise if needed or I can copy & paste like above.