Company took more than authorised amount from my visa credit card

Lampong

I bought a bed for £110 online. And got a purchase approved message. And got a receipt by email for £110.

I then received an "updated' receipt by email for £269.

I checked my credit card and the company has taken the full £269 from my account.

I have asked and got told the £110 was a mistake that has been rectified and that they will deliver the bed for £269 but if I don't want to agree to the £269 they will cancel the order.

Surely the costed, paid for and receipted £110 is binding?
They can't now change the price and illegally take the money from my credit card and then not refund it?
Or cancel the order?

... Can they?

BigDave81

But you said the company said they would cancel the order so if you don't want to buy it at the new price then you have the oppurtunity to cancel it.

Admittedly it is out of order taking the revised amount without prior discussion but errors happen I guess and they offered to cancel it if you are not happy.

ILW

They have offered to cancel the order and refund your money. What is the problem?

Lampong

I want the bed. The bed was costed at £110. I paid it and now they're changing the price AND have taken the full amount. I think it's illegal to do this and I think the first price is binding ... I'd want the outcome to be getting the bed for the amount it was advertised for and that I paid for AND a refund of the difference they've had the nerve to take without authorisation ... surely not too much to ask

NickX

I believe that the Sale of Goods Act indicates that a legally binding contract has been entered into upon the vendor accepting payment for the goods.

Up until that point they can change the price as much as they like, but once they have taken payment at a price agreed then that is a contract.

So, if they agreed to £110 and took this as payment then they are obliged to honour their side of the agreement.

You need the evidence that this was the agreed price (your eMail receipt should indicate this) and that the payment was taken (your credit card statement should indicate this). Provided you have this evidence, then you are in the right and can demand they honour their contract. If they do not, then go to Trading Standards.

I wouldn't go through the Card Provider as they will just follow Section 75 procedures and reclaim the £110, whilst you actually want the goods that have been promised.

Good Luck.

ILW

Lampong wrote: »

I want the bed. The bed was costed at £110. I paid it and now they're changing the price AND have taken the full amount. I think it's illegal to do this and I think the first price is binding ... I'd want the outcome to be getting the bed for the amount it was advertised for and that I paid for AND a refund of the difference they've had the nerve to take without authorisation ... surely not too much to ask

The contract has not been completed until the goods have been delivered and accepted. They have no further liability than to refund your payment and possibiliy any accrued interest on the amount. This will only be pennies though.
The only other option is if you can prove they were deliberately misleading people to get orders which they had no intention of completing at the agreed price. I would guess it was just a mistake though.