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It's like me phoning Mr Stafford and asking price for an Ideal logic+ and a WB Greenstar. He gives me the Ideal logic with vat and the WB without vat, informing me that: 'you see, from these figures, the WB is cheaper.' So I order the WB, only to find out the bill comes at a higher price to the Logic+. Would you say I should have realised that?

Mwah hah hah!
 
Would you say I should have realised that?

Yes, of course I would. And so would the law. There is a test of "reasonableness" applied in the law, VI - look up "the man on the Clapham omnibus" principle.

VAT is so prevalent that it would take a very special kind of blinkered vision to ever think it doesn't apply. Unless someone specifically tells you that the price includes VAT. Then, of course they have misrepresented the cost.

As for your previous post, do try harder old bean. Caveat emptor really does only mean one thing! There are no alternative meanings. Misrepresentation is a legal principle all of its own.

Perhaps the sales person did mislead you. Perhaps it was a genuine misunderstanding. I would posit that the reason the phone company are offering to reinstate your original contract is that it makes far more sense for them financially to keep to keep you tied in for a further 24 or 36 months at £22/month than to lose you totally. If you decided to just renege on your contract then it would cost them more in legal proceedings than it would be worth. Plus you'd been, by your own admission, quite abusive, so had made it clear that you're the sort of person who would broadcast your dissatisfaction, thereby harming their reputation.

Cheaper and better customer service to let you think you've won....
 
I suggest you try and read more on the Misrepresentation Act 1967 Masood. caveat emptor has nothing to do with my case, period. Forget the chap in Clapham Common. After you have read the Misrepresentations Act, then come and tell me more about caveat emptor. I will listen to you then.
 
I suggest you try and read more on the Misrepresentation Act 1967 Masood. caveat emptor has nothing to do with my case, period. Forget the chap in Clapham Common. After you have read the Misrepresentations Act, then come and tell me more about caveat emptor. I will listen to you then.

VI, we have only your word that the salesman misled you. Any reasonable person buying a service like a mobile contract would know that it attracts VAT. You are self-employed, a businessman. Did it not occur to you to check whether the price was plus or including VAT? Pretty much the first question I ask once the price of something is being discussed....
 
Nothing serious Adam, bouncing thoughts around...

Anyway, whatever the cause, VI, I'm glad you're happy with the outcome...
 
Just because you sign a contract doesn't mean it is enforceable in a court of law. A flaw here or there can change the outcome in a court of law.
So it is just my word. That's true. I most likely am also lying when I say a different staff (accounts manager - as they call themselves) has been assigned to my case and the other chap sacked?
When I am at fault, I hold my hands up and take it on the chin. But when someone is trying to 'put one over me', believe you me, I become unrecognisable. I sent the company and O2 a recorded delivery letter two weeks ago making them aware that I was going to take legal action against them jointly and severally.
 
Just because you sign a contract doesn't mean it is enforceable in a court of law. A flaw here or there can change the outcome in a court of law.
So it is just my word. That's true. I most likely am also lying when I say a different staff (accounts manager - as they call themselves) has been assigned to my case and the other chap sacked?
When I am at fault, I hold my hands up and take it on the chin. But when someone is trying to 'put one over me', believe you me, I become unrecognisable. I sent the company and O2 a recorded delivery letter two weeks ago making them aware that I was going to take legal action against them jointly and severally.

Well done! You are no doubt a veritable Rumpole of The Bailey, making large corporations quake in their boots. Or something.
 

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