Retailer took money from card without authorisation.

Racehunter

My wife purchased a Sony camera from a shop in Cardiff while on a weekend away. We looked at a number of cameras in the shop before deciding on an A380. The payment was made using a credit card via the shops chip and pin terminal and once approved, we left the shop. When we got home the following day, I put all of the documentation away, noticing that the credit card receipt and the shops hand written receipt showed a lower price than we thought had been indicated, however having looked and discussed so many other cameras, we thought we might be wrong. When the statement came from the card company, my wife noticed that an extra £100 had been taken by the shop, after we had left. In fact it showed 2 days later on the statement. Having contacted the shop, they believe they are correct in taking the extra, however as the mistake was theirs and a hand written receipt was also given, don't we have a contractual right to the camera at the lower price?

lindos90

have a look at this thread, which has many similarites to yours, except the jewellers asked for the return of goods, rather than charge extra after the customer left, as in your case.

http://forums.moneysavingexpert.com/showthread.html?t=1984655&highlight=315+jewellery

There should be some helpful comparisons to your situation. I believe the shop was wrong to charge an additional £100 when you were not even in the shop, but the devil is in the detail and it may depend on the situation.....there is also the moral dilema.

Have a read of the other thread, might also be an idea to contact your credit card compant, as the shop took money without your authorisation!!!

Good luck, im sure someone else will be along to give more advice as well!

Racehunter

Thanks Lindos90, interesting reading. I hope I am right in thinking that my 'saving grace' is the fact I have a proper written receipt as well as the card receipt and the fact that the salesman asked my wife for the lower price. My wife have spoken to the credit card company and they advised speaking to the shop first. The manager was so rude saying we had deliberately tried to get one over on them and when I said he had fraudulently taken the money, he put the phone down on me!

4743hudsonj

Racehunter wrote: »

Thanks Lindos90, interesting reading. I hope I am right in thinking that my 'saving grace' is the fact I have a proper written receipt as well as the card receipt and the fact that the salesman asked my wife for the lower price. My wife have spoken to the credit card company and they advised speaking to the shop first. The manager was so rude saying we had deliberately tried to get one over on them and when I said he had fraudulently taken the money, he put the phone down on me!

a contract has been formed, they offered you the camera at £insert amount, you accepted, you paid, you left, contract completed

in short you have every right to the camera at a lower price, and the have committed an offence in taking further payments, inform you cc card company immediately saying the money has been taken illegally and fraudulently, then contact trading standards and inform them, then contact the show and tell them that if they do not refund you within 7 days then you will issue a letter before action and then take them to small claims court. make sure to point out they have committed an offence and trading standards have been informed.

MonicaMoo

My sister has similar situation that I hope someone could give us some advice on. Will keep it short.....

Bought an item for £35 at clothes store(at tills offered to be put on email list) few days later received an email from the shop to say basically "we didn't charge you enough, sales assistent only put through £3.50, so we have taken another £31.50 today" (true, checked receipt) phoned to speak to the manager to point out it would have been more curtious to wait until i had contacted them before they took more money off my card. She said they are entitled to get the owed money!!!???
I was a little worried that they had managed to put my card through again but was reassured that it was the last of the matter, was angry to say the least but didn't know where I stood so finished the conversation.

The following week I noticed a further £35 had been taken from my account from the same store. Phoned, manager explained it was the accountant as he saw a note to say card hadn't been charged enough (!!!!!!) was told refund for the futher £35 would be sent back to the card, it promptly was, although in this time I have incurred unauthorised overdraft charges. My questions are as follows:

Can a store charge your card once you have left the store if they have put through the incorrect amount on the card terminal on payment?

Would they be liable for the bank charges incurred for the further payment that was taken?

Have they broken any consumer law?

I have tried to search for some answers online but can't find anything that explains. Thank you in advance

4743hudsonj

MonicaMoo wrote: »

My sister has similar situation that I hope someone could give us some advice on. Will keep it short.....

Bought an item for £35 at clothes store(at tills offered to be put on email list) few days later received an email from the shop to say basically "we didn't charge you enough, sales assistent only put through £3.50, so we have taken another £31.50 today" (true, checked receipt) phoned to speak to the manager to point out it would have been more curtious to wait until i had contacted them before they took more money off my card. She said they are entitled to get the owed money!!!???
I was a little worried that they had managed to put my card through again but was reassured that it was the last of the matter, was angry to say the least but didn't know where I stood so finished the conversation.

The following week I noticed a further £35 had been taken from my account from the same store. Phoned, manager explained it was the accountant as he saw a note to say card hadn't been charged enough (!!!!!!) was told refund for the futher £35 would be sent back to the card, it promptly was, although in this time I have incurred unauthorised overdraft charges. My questions are as follows:

Can a store charge your card once you have left the store if they have put through the incorrect amount on the card terminal on payment?

Would they be liable for the bank charges incurred for the further payment that was taken?

Have they broken any consumer law?

I have tried to search for some answers online but can't find anything that explains. Thank you in advance

1) as above no they cant charge extra

coontract need three elements

Offer- usually indicated by you going to the till with the item (you offer to pay X amount)

Consideration - are you each getting something out of the contract? yes you get goods they get money....


Acceptance - usually indicated by when they take the money and print your receipt....... (when its gone through the till )


contracts cannot be changed afterwards, ie they cannot charge you more, its theft.


2) yes they are liable, you need to write a letter with copys of bank statements with all the details remover just showing that their theft caused you fees and state you want the refund to be processed within 7 days (it may take up to a month after to actually process mind you, but a week to actually put it through is enough) or you will contact trading standards, and sue them for the costs.

3) theft........ fraud?

not so much "consumer law"


might be worth contacting your bank see if they can do a chargeback and do the leg work for you ......

MonicaMoo

Thank you Hudson for your informative reply. I will telephone the bank to see if they can do the leg word (not good at writing letters!)

Thanks again

4743hudsonj

MonicaMoo wrote: »

Thank you Hudson for your informative reply. I will telephone the bank to see if they can do the leg word (not good at writing letters!)

Thanks again

you may need to provide receipts etc to show what you were charged, and your statement to show what they did after, if the bank are half decent they should do a charge back immediately and then chase thee company for the money

i should think a bank would have more clout than yourself in demanding refunds.

James

It's a great example of yet another reason for have a Chip & Signature Credit Card. They couldn't have debited your card without your signature.

gnaril

Ok if you have your documentation to support you should have been billed a lesser amount which from your post you have. The bank can actually charge the payment back, Reason code - Transaction amount differs i think the code is 4831 ( not 100%). you need to send the bank your documentation to support this.

The merchant may well represent the transaction from what you have stated if there has been some form of error- As i dont deal with represents Im unsure where you go from there.

Please bear in mind visa mastercard rules/regulations are seperate from your own consumer rights. any chargeback/dispute can only be dealt with within the rules laid down, so it may come down to it youneed to pursue them via any avenue you feel necessary- consumer direct would be able to advise you im sure.

anyways just some info^^^

willo65

James wrote: »

It's a great example of yet another reason for have a Chip & Signature Credit Card. They couldn't have debited your card without your signature.

How would having a Chip and Sig card prevent store doing a cust not present transaction on terminal?