Re: Small Claims

[simon rafferty <musashi1977uk@xxxxxxx>]

 Yes you can if you want, here you are

Kodak Ltd
Legal Department
Kodak House
PO Box 66
Station Road
Hemel Hemstead
HP1 1JU

Dear Sir

Kodak Web Offer of DX3700 Special Deal for £100

I recently purchased a Kodak DX3700 Digital Camera, from your website as a DX3700 Special Deal for the advertised price of £100. You confirmed the purchase of this Special Offer KODAK Order W-05-xxxxx  by e-mail on 07/01/2002, which contained the wording

Below is a summary of the items on your order. Please keep this message
as your receipt of the purchase

You state that the e-mail is a receipt of purchase, therefore I have a contract of sale with you.

You have then sent me an e-mail on 08/01/2002 stating that you will not be fulfilling my order, as the price was wrong. I do not believe that you can do this as we have a contract of sale at the original agreed price of £100 plus shipping of £4.99.

I have taken legal advice from both my Solicitor and from my local Trading Standards department and they both confirm that I am entitled to the goods at the original advertised price, as your confirmation of the order is a receipt of purchase (as you also state) and thus there is a contract of sale. I therefore expect expedient delivery of my goods.

Should you fail to honour our contract, I am advised that I should sue Kodak through the Small Claims Courts for loss of bargain plus costs, which I will do.

I look forward to hearing from you soon.

Yours etc

  Alancc <alan.cc@xxxxxxx> wrote:

> Can we use a copy of the
> letter
>
> Alancc
> ----- Original Message -----
> From: musashi1977uk
> <musashi1977uk@xxxxxxx>
> To: <ukha_d@xxxxxxx>
> Sent:
> Tuesday, January 08, 2002 8:02 PM
> Subject: [ukha_d] Small
> Claims
>
>
> I have spoken to our Corporate lawyers today and to
> Stoke-on-Trent
> Trading standards about my DX3700 digital camera. The
> lawyers have
> looked at the e-mail confirmation and confirm that there is
> a
> contract of sale under english consumer law. Trading standards
> have
> also confirmed that there is a contract of sale and have advised
> me
> to:
> 1. Write to Kodak insisting that they fulfil my order as
> placed
> (enclosing a copy of the confirmation e-mail).
> 2. If Kodak
> fail to fulfill their end of the contract then I need to
> sue them in the
> small claims court for the difference between the
> original contract
> price (£100) and the current offer (£329) which is£229.
>
> My letter to Kodak went in the post tonight and am awaiting
> their
> response, in the mean time I will be going down to the
> Courts
> tomorrow to get the relevant paperwork ready.
>
> Simon
> Rafferty
>
>
>
> For more information: http://www.automatedhome.co.uk
> Post
> message: ukha_d@xxxxxxxSubscribe: 
> ukha_d-subscribe@xxxxxxxUnsubscribe: 
> ukha_d-unsubscribe@xxxxxxxList owner: 
> ukha_d-owner@xxxxxxx
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
>
>
>
>
>
>
> For
> more information: http://www.automatedhome.co.uk
> Post message: ukha_d@xxxxxxx 
> Subscribe: 
> ukha_d-subscribe@xxxxxxx 
> Unsubscribe:  ukha_d-unsubscribe@xxxxxxx
> List owner:  ukha_d-owner@xxxxxxx 
>
> Your use of
> Yahoo! Groups is subject to the Yahoo! Terms of Service.

---

Do You Yahoo!?
Get personalised at My Yahoo!.

For more information: http://www.automatedhome.co.uk
Post message: ukha_d@xxxxxxx 
Subscribe:  ukha_d-subscribe@xxxxxxx 
Unsubscribe:  ukha_d-unsubscribe@xxxxxxx 
List owner:  ukha_d-owner@xxxxxxx

Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service.