pricing mishap

danclarkie · Scooby Slapper Joined: 07 May 2005 Karma :

i have "a friend" Wink

that ordered a helmet from a local bike shop 3 weeks ago and then the helmet arrived today. the helmet cost £99.99 and he didnt pay any kind of deposit at all. today when he walked into the bike dealers the helmet had arrived and he tried it on ect and all was good. it came to paying and my friend took out his card and braced for the inevitable. the man serving my friend clicked around on the store computer and said "ok you just have 16.99 left to pay then mate," My friend instantly realised there was a pricing error and being the honest person he is, proceeded to say nothing. he then paid the £16.99 for which he has a visa debit card receipt and a store receipt and was handed the helmet as a done deal, and then he left the shop. looking at his receipt they only say the price paid and method of payment none of them actually state what item has been paid for.

my question is should the store call him up and ask him too pay the extra £83 what would he be legally obliged to do?
the error was entirely on the part of the store, isnt it once youve left the premises the discrepancy is legally yours?

off topic my new helmet is fantastic, got it for a great price too Wink

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Bah Humbug

PsychoHippy · Jammy Git Joined: 01 Jul 2002 Karma :

He got a bargain. Once the price asked has been paid, the contract has been completed. The shop have no right to ask for any more money - it was thier mistake and they will have to take the loss.
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Vespa · Traffic Copper Joined: 12 Feb 2005 Karma :

0ddball · World Chat Champion Joined: 15 Jul 2005 Karma :

I know if they have obviously marked it up wrong, for example they had a £16 price sticker on it then they are not obligated to sell it to you for that price. Not sure on the law after you've already bought it though.
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shorty · Scooby Slapper Joined: 23 Jul 2004 Karma :

As PsychoHippy said - payment for the item makes the contract. What you can't do is demand that a shop sells you something for the price it says on the label if the label is wrong.

Shorty
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Major_Grooves · The Doctor Joined: 10 May 2002 Karma :

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shorty · Scooby Slapper Joined: 23 Jul 2004 Karma :

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zx636 · Scooby Slapper Joined: 28 Jul 2004 Karma :

Watch they just dont take the balance as a cardholder not present.

Especially if the order he placed shows the full price.

Its wrong i know but would he argue the point??

Vespa · Traffic Copper Joined: 12 Feb 2005 Karma :

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cc123 · Geez a joab? Joined: 17 Jan 2005 Karma :

I'd take the helmet and run!

Surely if its the shops mistake they can't come back asking for the rest of the cash??
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shorty · Scooby Slapper Joined: 23 Jul 2004 Karma :

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danclarkie · Scooby Slapper Joined: 07 May 2005 Karma :

i have now found the reason why i was only charged £16.99, my last name is CLARKE (look at my username and you can guess my first name) the receipt i have been issued says CLARK with the same christian name so basically the names are 1 letter apart, CLARK instead of CLARKE. below the name is this other guys address, seems ive been charged for something to the value of £16.99 that MR CLARK was waiting for, all that remains is for them to ask him to pay £99.99 for his £16.99 order. Which if he does i will feel no guilt for as he should be smart enough to say "im not paying £100 for a pair of indicators" ect. the shop isnt a little sole trader, its the biggest bike dealer in my area, sells bikes scooters accessories does repairs mots bike training ect, their making money hand over fist so im not so bothered about my little discount
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Bah Humbug

numbnut · Two Stroke Sniffer Joined: 23 Jul 2005 Karma :

I can't remeber where the law is on the sale of the crash helmet but it is obvious to me that if the transaction has been made and an unauthorised payment is taken from your account you can reclaim it.

With the TV, a lot of reatailers have been screwed by trading standards for incorreect and misleading pricing. I remeber one case of either Tesco or Asda being fined 2k for evey item that was incorrectly priced. Imagine a shelf with 30 or 40 items on all wrongly priced. 30*2k=60k. Not a bad days work.

Delvard · Traffic Copper Joined: 22 Jul 2005 Karma :