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Discounted Duchess of Atholl


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Interestingly, I did not receive my pre-order for Duchess of Atholl which I paid for in advance when placing my order with a particular retailer.

Today I received an e-mail offering discounted 2020 hornby models from the same retailer. On his list was the Duchess of Atholl discounted to £599.99.

I am absolutely disgusted with this.

I will never use this retailer again.

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I got the same e.mail from jadlam racing they are not the only ones doing this saw the rocket train pack on one site for the same price .only way to stop this is for nobody to buy them hope everyone is staying safe best wishes john

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The retailer has accepted your money and has stock so he is in breach of contract. Had he refused the payment he is under no obligation to supply. He could now be liable legally to supply you and I suggest that you consult Trading Standards for that retailers town. Name and shame him. I had a similar situation in Tesco about 3 years back over a bottle of Malt Whisky. At the till I was refused the purchase as it was way under that advertised on the shelf by £17 (a bargain I thought) I was refused at the till to complete the purchase so informed Trading Standards. They were in the right as the price on the shelf is only an offer to show what it's price is and until money was accepted the retailer can refuse purchase at the point of sale. The difference with your situation is that you completed your part of the deal by paying in full up front and the dealer has tried to void the contract even though he has stock, thus making it a breach of contract. Any terms written to the effect that he can do that would be a breach of "the Unfair Contract Terms" Act. In other words put the pressure on him with that. Also if you have paid on a card let the credit card company take the issue up. They could suspend his account altogether and he will suffer badly without the facility. Please let us all know who it is.

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The retailer has accepted your money and has stock so he is in breach of contract. Had he refused the payment he is under no obligation to supply. He could now be liable legally to supply you and I suggest that you consult Trading Standards for that retailers town. Name and shame him. I had a similar situation in Tesco about 3 years back over a bottle of Malt Whisky. At the till I was refused the purchase as it was way under that advertised on the shelf by £17 (a bargain I thought) I was refused at the till to complete the purchase so informed Trading Standards. They were in the right as the price on the shelf is only an offer to show what it's price is and until money was accepted the retailer can refuse purchase at the point of sale. The difference with your situation is that you completed your part of the deal by paying in full up front and the dealer has tried to void the contract even though he has stock, thus making it a breach of contract. Any terms written to the effect that he can do that would be a breach of "the Unfair Contract Terms" Act. In other words put the pressure on him with that. Also if you have paid on a card let the credit card company take the issue up. They could suspend his account altogether and he will suffer badly without the facility. Please let us all know who it is.

It was Jadlam Racing Models in Braintree, Essex. I have made a formal complaint to Hornby and hope that they will take issue with them.

I hadn't thought about taking the issue up with trading standards or the credit card company. I will make enquiries.

Initially Jadlam held on to my money as store credit, and I had to ask them to refund, which they did.

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I have ordered the new rocket train pack from Jadlam. They have already taken the payment, so hopefully I will actually get it! I would have ordered it through Hattons as I usually do with my other pre orders but the website hadnt included the new releases when I logged on in the morning of January 5th. I have ordered the new Dublo Duchess from Hattons so will be interesting to see if I ever get hold of it. 

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I know of jadlam and have purchased from them in the past with no problems whatsoever and I totally agree that you should of been sent  your item for the agreed price ,but I think that at the time of ordering and being a pre order therefore none in stock I bet jadlam would use that as a get out clause even though you paid up front in full ,hope this makes sense .

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Another thing about jadlam ,I had the email today as well ,it states the centenary merchant navy r3824 on offer for £169.99 and only a few left but if you look on eBay they have them for £224.99 and more than 10 in stock ,a bit of deception going on I think .

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I have had several 'good offers' from Jadlam in the past - both railways and Scalextric.

 

I agree with the opening poster - this is a recognised distributor of Hornby products and should set a good example, and act in a responsible manner, notwithstanding the actual legal obligations as mentioned later in the thread.

 

I hope you can receive your DoA, and with a respectable pricing as well.

 

Al.

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I have noticed them doing this sort of thing in the past, mainly with hard to get models. I saw their advert on EBay yesterday and was surprised that a supposedlty reputable Dealer would do this ( I had just seen the review by Jenny Kirk and wanted to see how much they actually sold for). Today I got the same flyer, that definitely put me off buying anything else off them. I didn't know they took the full cost up front, that is also bad. That means my blue Merchant Navy that I ordered in 2018/2019 (can't remember it was so long ago) , they would have held nearly £200 for over 2 years. Why do it, it is an extra £400, they didn't have many so possibly £1200 in all, is it worth it to lose all your other orders and possible agro from Hornby. Hattons and Rails don't charge until it is actually sent, Bure Valley who I ordered off yesterday, it appears phones you up for payment once it is in stock. I am having issues with one Model Shop that took a deposit for two Stephenson Rocket trucks that never appeared and also doesn't respond to emails. What is wrong with these people don't they know bad news travels quickly around the internet.

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Generally Jadlam provide a good service, items that are still in stock with Hornby are usuaally cheaper with free postage and you get discounts off future purchases however as stated in this thread they do charge silly money for items in high demand so I guess the only way round this is to buy direct from Hornby if there is a chance of the item you want being sold out before release

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Am I  missing something here OP? You pre-ordered DofA and paid in full. The retailer could not supply (honestly or creatively?) and you received 100% of your money back. The store credit was a bit naughty admittedly. Now he is offering you the same item for less money? That's a win in my book. Fill your boots pal.

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I think someone is a bit confused here. The post says (well the one I read) said that the Retailer failed to fill the order that they had paid a full deposit for, but later on the same Retailer offers the loco that they supposedly could not get, for two and a half times the original selling price. I think I would be a bit upset too. 

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OP states he was offered a discounted price of £599.99. As the original price contracted is not stated, I presumed this recent offer was lower than the original, due to the word discounted. If it is indeed higher, then there is a serious issue with the vendor, and OP has every right to take action. That offer price is totally extracting the urine.

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Even if it was discounted, which it isn't, that is the same price they are charging on EBay. They are also more expensive than the other Seller on EBay. Jenny Kirk summed it up, she said Hornby  should have made a batch of 700 or a 1000, then Hornby would have got the profit, instead of scammers. It is great making something rare, but all it does is create this situation. Surprisingly, I have a few limited editions from the eighties, when I sold them on EBay I didn't get anymore than for a standard model.

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I suppose in fairness, they're not scammers.

 

An item will sell for as much as people are prepared to pay for it - if people are paying this ridiculous fee of £600, then they've established the price.

 

Hornby could nip it in the bud by simply bringing out a near-identical-but-different model - Bressingham version of 6233 Duchess of Sutherland for example - 500 examples.

 

Still super special.

Still 'limited edition'.

Still metal.

 

More available.

For me that would be more special - many still have fond memories in that format - and photos (perhaps somewhere!!).

 

Just a thought.

 

Al.

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I was once talking to a boss of a major retailer who had a customer who speculatively bought 3 of certain models. He kept 1 for himself and when the item became rare the others would go on Ebay. That usually paid for his model ie free plus a few pounds profit. The trouble with that was, at the time, if he got it wrong he would be out of pocket if he couldn't get the price. Now it is much easier to make a fast few quid because of careful planning by Hornby etc means that the sales are assessed by preorders and production made to suit that plus a few% extra. Result a shortfall and Ebay sellers making a profit quite easily. I remember Sir William A Stanier FRS being introduced and I did not pre order. I wanted one and my local "BIG" retailer had no stock left. A couple of weeks later a miraculous supply had arrived at full price. Yes, I bought one as I used to see that engine nearly everyday when trainspotting and the class were still the mainstay of the fast expresses to and from London.At least it wasn't at an inflated price.

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As the original poster, what I am complaining about is the fact that I placed a pre-order and paid in advance of the model being released. Upon release they emailed me to say that "as expected Hornby had reduced their allocation and therefore my pre-order had been selected for cancellation". I don't know if this was true that he had a reduced allocation. On the surface, it would appear that the retailer decided that he would cancel pre-order(s) because he saw an opportunity of selling at a far higher price. The fact that the retailer then e-mailed me with an offer of a "discounted price" of £599.99 just added insult to injury.

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Just for clarity of information.

 

You keep on saying £599.99 as being discounted, but have never stated your original 'offer' price. To me, £599.99 seems an 'inflated price' not a 'discounted' one. Was the original 'offer price' higher than £599.99 or are you using wrong terminology.

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The trouble is Hornby are part of the problem, they know they are only going to produce 500 (it says in the new releases the same), so they should limit the pre orders to say 450, including the ones they have pre ordered on their site. That leaves 50 for them to sell on their site or do what they want to do with them. I get the opinion that they just take pre orders from the Retailers without any sort of limit. So of course they would not be able to fulfil them all. In the case of the Stephenson's Rocket Carriage, I had one of my orders from Hattons cancelled as Hornby cut their allocation, but I eventually bought one off the Hornby website after they came out. So they are telling their Retailers they don't have enough, but then sell them on their website. I doubt it will happen but long term people won't bother doing preordering if it becomes a lottery. I would doubt after reading this, whether many Retailers will be justified in taking a deposit.

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I’m forced to question whether Hornby gets less profit from sales to retailers, than from direct customer sales.

 

That would explain why (especially with limited editions) they are able to have pre & post release allocation available to order from their own website - whilst simultaneously reducing retailer allocations.

 

The alternative (that they are simply snubbing guaranteed retailer sales, in order to have spare stock availability on their own website) doesn’t appear to make economic sense!

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