Help drafting letter, company taken £400 for goods now saying should have been £560

bootman

On Monday I ordered a shower screen from a bathroom company after much searching they were the cheapest bar far. I could not get through to their internet c/sevices to clarify the price so I called one of their shops who confirmed it was £409. I went ahead and ordered it online.

Today I had a call saying there was a problem, their mistake the price should have been £560. They took the £409 off of my credit card yesterday and wanting me to pay the difference!

I pointed out from what I could remember from here, that they had completed the contract by taking the money and I was not prepared to pay anymore and I would like the shower screen I had paid for please.

I called trading standards, who totally agreed they were in the wrong and said it was their tough luck as they had taken the money they had indeed completed the contract and not be asking for more.

I want to send a letter sounding that I know what I'm talking about, quoting lots of sales of goods acts, but I'm not brilliant at doing this. I know a lot of you on here are. I can't find a template letter that would help.

Would anyone be king enough to help me draft one.

Many thanks

Anihilator

Well TS could be wrong.

What is the company? we need to look at their T&C's.

Also furthermore a shop price can vary from an online price.

4743hudsonj

As Anihilator said, your rights depend on the the stores.

TS were completely wrong though in telling you something that they cannot possibly know to be correct without also reading the terms.

SailorSam

If you call into your local trading standards office you may find that they have lots of sample template letters to cover all sorts of problems.

bootman

The company is Bathroom Village.

http://www.bathroomvillage.com/bathroom-village-c-339.html

Its the Daryl inding hinged 688 to be specific. When I ordered it also had a price underneith higher and showing the lower price as a sale price.

They have tonight altered their price online to what they now want to charge. I took a screen shot when I ordered and it was £409 and had been for sometime before I ordered.

The trading standards man said their terms and conditions would be classed as unfair to the consumer, but in anycase they have completed' the contract by taking the money and legally the shower screen is now mine and they have to supply it at the price I have paid.

Anihilator

bootman wrote: »

The company is Bathroom Village.

http://www.bathroomvillage.com/bathroom-village-c-339.html

Its the Daryl inding hinged 688 to be specific. When I ordered it also had a price underneith higher and showing the lower price as a sale price.

They have tonight altered their price online to what they now want to charge. I took a screen shot when I ordered and it was £409 and had been for sometime before I ordered.

The trading standards man said their terms and conditions would be classed as unfair to the consumer, but in anycase they have completed' the contract by taking the money and legally the shower screen is now mine and they have to supply it at the price I have paid.

Payment & price -



The total price payable for the goods will be stipulated at the time when you place your order, whether or not the order has been confirmed. We are entitled to make adjustments to the price to take account of any increase in our suppliers prices or the imposition of any taxes or duties, or if due to an error or omission the price published for the goods is wrong whether or not the order has been confirmed. We will inform you of the correct price and give you the opportunity to cancel the order. All prices on our website are inclusive of VAT AT 17.5%. When you initially place an order we shall make further checks to make sure that the advertised price is correct.





This pretty much allows them to do this. Not sure at all why the trading standards man thinks they would be classed as unfair.
Did at any point you receive a confirmation e-mail as opposed to one placing the order? ?

If not then I think its perfectly legal to cancel.
You seem to have spoken to a complete idiot at TS.

Even if they did breach the contract you legally have very little recourse as you have very little quanitifiable losses.

bootman

This is what I had as confirmation

We've received your order. Your reference is 100000 - please use this when calling or emailing us.
Date order placed : Tuesday 16 February, 2010
Order detail :
1 x Daryl 688 Indigo Hinged Walk-In = £409.97
- Wet Room Kit: With Wet Room Kit
- Handing: Right Handed
- Size: 800mm
Subtotal: £348.91
UK delivery: £0.00
Tax: £61.06
Total: £409.97




It debited my credit card yesterday.

4743hudsonj

bootman wrote: »

This is what I had as confirmation

We've received your order. Your reference is 100000 - please use this when calling or emailing us.
Date order placed : Tuesday 16 February, 2010
Order detail :
1 x Daryl 688 Indigo Hinged Walk-In = £409.97
- Wet Room Kit: With Wet Room Kit
- Handing: Right Handed
- Size: 800mm
Subtotal: £348.91
UK delivery: £0.00
Tax: £61.06
Total: £409.97




It debited my credit card yesterday.

whether they took your money or not doesnt make the slightest bit of difference under the distance selling regulations 2000 as their terms protect them from this. You have absolutely no recourse and can either proceed or cancel your order for a full refund.


When is a contract concluded?
2.22 A contract is concluded when the consumer becomes bound to buy
something and the business becomes bound to supply it. The
conclusion of a contract is determined by the facts in each case.
It is in your interest to make clear to your consumers exactly when a
binding agreement will be reached. For example, you need to explain
if the contract becomes binding when the customer places the order
or only when you confirm that you have accepted their offer to buy.
If you are selling in a way that comes within the definition of an
information society service in the ECRs, you are also required to
explain the technical steps that the consumer has to follow to
conclude the contract. For more information on the ECRs see
Chapter 4 of this guidance.

From the OFT's guide to the DSR for businesses
http://www.oft.gov.uk/shared_oft/business_leaflets/general/oft698.pdf

Continue to try by all means but remember you have no right to insist anything and should remain very polite. It is annoying but its how it is unfortunately.

bootman

Well I have just gone through the process of placing another order online and at no point do they show any terms and conditions during the order process at all to ask you to read them or even offer them, you have to find them yourself.

I have read through the B&Q water Butt fiasco and feel that I am actually in the right. The Consumer protection from unfair trading regulations 2008 seem to give some hope.

Thanks everyone, I'll give it my best shot.

wuckfit

Just to be clear, even if something is in the terms and conditions it does not automatically mean that a company can legally do something.
My understanding is that once they have debited your card then a contract has been formed.
I'd be inclined to believe Trading Standards more than Anihilator who has been proved wrong on numerous occasions.

4743hudsonj

wuckfit wrote: »

Just to be clear, even if something is in the terms and conditions it does not automatically mean that a company can legally do something.
My understanding is that once they have debited your card then a contract has been formed.
I'd be inclined to believe Trading Standards more than Anihilator who has been proved wrong on numerous occasions.

I'm afraid not....

Its a very common misnomer that money trading hands = Contract. And whilst this is mostly true in retail sales (physical), online, phone or catalogue (in other words distance selling) is completely different and as such has different laws protecting both consumers and businesses.

The common name for the particular law is Distance selling Regulations 2000. This allows a business to specify when the contract is formed. There is no requirement for this to be on debiting of money. And in 99.9% of cases, retailers class a contract formed upon dispatch.

The reasoning behind this is that in a store, an item thats sold for £100 is market up by mistake as £10. Somebody picks it up, a cashier will spot the mistake and will instantly rectify the mistake therefore resulting in only one mistake as such.....

Transfer this online, thousands of customers could see the mistake, and as these systems are mostly automated and have no human input, these mistakes go un-noticed and not rectified until the processing of orders begins. By this time money is usually taken, and if the DSR were not in place, this buiness could loose out one hunderds of thousands of pounds that the do not have. For one little mistake? hardly fair, hence these laws allowing them to spot mistakes and rectify them as by this time some human input would have been used.

If you choose not to believe me nor Anihilator on this then please refer to my last post with a C+P from the Office of Fair Trading's guide to businesses on the distance selling regulations. This and other parts refer to this right for businesses.

TBH TS are talking a lot of Bu** and dont seem to have put any real thought into their advice.

And BTW Anihilator is actually hardly ever wrong.... Seems to have a very good knowledge, better than yourself it would seem. Ok so he doesnt always deliver it in the best of ways but take it in good humour and you have sound advice....