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Retailer took money from card without authorisation.

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Comments

  • g1ryt
    g1ryt Posts: 15 Forumite
    after working in retail for years, they are bang out of order. They should have contacted you to explain the problem and then it would be down to you and what you thought was right. I would threaten them with theft as thats what it is. The contract like previously mentioned was complete when they took the first payment and issued the receipt. The law is on your side, worse case is you would need to take them to small claims, you can do this on line for £100 and they would have to pay you the money they took plus this £100 court fee, if issued they would have to reply within 14 days. Also if a local business write to your local paper. They would be mad to not just refund the money.

    Good luck
  • Thank you for all the replies. Yes, will get my sis to try the bank first, but definitely thinks this warrants a strongly worded letter to the management with the facts above, it's not my problem as such, but I am livid for her!

    Thanks again
  • zenmaster
    zenmaster Posts: 3,151 Forumite
    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.
    Incorrect in this instance -
    • Offer was made - at £35
    • Acceptance was made - at £35
    Therefore the contract was made at that price. However the incorrect price was rung through/charged. The shop's fault, agreed, but they are still entitled to the rest of the money. It is not theft.
  • 4743hudsonj
    4743hudsonj Posts: 3,298 Forumite
    edited 6 November 2009 at 12:30AM
    zenmaster wrote: »
    Incorrect in this instance -
    • Offer was made - at £35
    • Acceptance was made - at £35
    Therefore the contract was made at that price. However the incorrect price was rung through/charged. The shop's fault, agreed, but they are still entitled to the rest of the money. It is not theft.

    my fault just checked back and saw the till system had it down as £35

    well spotted i had it in my mind it went through the till at the lesser amount for some reason:rolleyes: i need sleep ha

    so sorry op i was basing my information on if they had it down on the receipt as £3.50, i really dont know how i read that wrong

    as said your sister is in fact liable for payment as this is what the contract is.

    thanks for spotting my error zenmaster!
    Back by no demand whatsoever.
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