Are Argos ripping me off?

Tallyho_2

tin wrote:

TBH you have signed and they can charge you, but I would say you clearly have a very good cause for argument against the level of charges.

What would be the basis of your argument ?

debs626

I agree, £35 is way too much. Argos are not charged by the bank if their is a failed DD, all the extra admin they have to do is press a couple of extra keys on a keyboard, that shouldnt cost £35.

Its just unfortunate that u didnt have the £22 in your bank but it was your fault and you have to pay the consiqences, albeit highly priced ones :-(

Tallyho_2

tin wrote:

@tallyho - you are not comparing apples with apples. BP's prices or Your company's going rate are equivalent to this arrangement's interest rate. A penalty is an exceptional thing. Neither BP nor your company can factor in a penalty to their cutomer relationship so there is nothing equivalent to compare.

The point I am making is that the all the information about costs are there for all to see prior to entering a contract , whether it be my company or Argos . The point being made was over justification of prices so I quoted my company hourly charge which I think it outrageos but there you go , you obviously didn't grasp the fact that it was to do with pricing , NOT Argos charging her . . I was saying that if you are going to ask Argos to justify there costs why don't you ask BP why there petrol costs so much . Why do baked beans from Lidl cost 9p when baked beans from Heinz cost 25p ! The price you see is the price you pay . If you don't like it don't buy it & then moan when you don't adhere to T&C's & get charged .

RichyRich

It is not legal to charge a penalty, howsoever it may be worded, for breach of contract. It is, however possible, to charge a genune pre-emption of the costs that will be incurred as a result of the breach (Dunlop Pneumatic Tyre Company v. New Garage and Motor Company).

If it can be shown that the bounced direct debit is in fact a penalty and not a bona-fide pre-emption of the costs incurred by the bank for returning a direct debit it is, therefore, illegal and unenforceable in law (Unfair Contract Terms Act)

Tallyho_2

debs626 wrote:

I agree, £35 is way too much. Argos are not charged by the bank if their is a failed DD, all the extra admin they have to do is press a couple of extra keys on a keyboard, that shouldnt cost £35.
(

The whole idea of these charges is too try & educate people to take financial responsibility . She obviously hasn't & the table is now costing £130 quid instead of £25 .

RichyRich

Tallyho wrote:

The whole idea of these charges is too try & educate people to take financial responsibility . She obviously hasn't & the table is now costing £130 quid instead of £25 .

That may be the idea, and it may be right, and it may be fair, and it may be all sorts of other things but the one thing it is not is the law

Tallyho_2

RichyRich wrote:

It is not legal to charge a penalty, howsoever it may be worded, for breach of contract. [/u])

I my view that is what has happened here . She has agreed to pay the monthly debit , the funds weren't available , breach of contract .

davelewis

cor - the Unfair Contract Terms Act 1977

I have just been revising this for Contract Law!!!

As me a question, go on ask me a question......:D

Tallyho_2

RichyRich wrote:

That may be the idea, and it may be right, and it may be fair, and it may be all sorts of other things but the one thing it is not is the law

I would assume that the T&C's are scrutinised by the Argos legal department to make sure that they aren't breaking the law , it is in force so it must have a sound legal basis too it .

Tallyho_2

davelewis wrote:

cor - the Unfair Contract Terms Act 1977

I have just been revising this for Contract Law!!!

As me a question, go on ask me a question......:D

Has what Argos have done illegal ?