Am I liable to pay still?

Boicey570

I bought a Dell laptop over 6 months ago.
I got the standard invoice for the full amount I was expecting and gave them my card details to take the full amount.
Next time I got my credit card bill though they had undercharged me so I just assumed that they had got the price wrong.
6 months down the line now though I have had an email to contact some payment company for the difference.

Am I still liable for the amount that they forgot to take payment for originally, even though they were supposed to take the full amount?

Vomityspice

Yes, they can claim money from you for up to 6 years (Limitations Act)

Boicey570

Thanks for the information

Mark_Hewitt

It's a tricky area, as if they had invoiced you for the wrong amount and you'd paid it, there would be no comeback. But it seems they invoiced you for the right amount but took the wrong amount. In this case I think they can claim the difference. But make sure you pay only the difference and no more!

MT90

One point might be that if you have spent the money owed to Dell in the honest belief that it was yours. There is something around if they make a mistake, you spend the money, than its no longer recoverable. However I am not 100% sure how it works in practice, whether you have to be unable to afford to pay them, or maybe you have to prove your bought something that you wouldn't of bought if it weren't for their mistake.

unholyangel

MT90 wrote: »

One point might be that if you have spent the money owed to Dell in the honest belief that it was yours. There is something around if they make a mistake, you spend the money, than its no longer recoverable. However I am not 100% sure how it works in practice, whether you have to be unable to afford to pay them, or maybe you have to prove your bought something that you wouldn't of bought if it weren't for their mistake.

Never heard of such a thing. Even with a bank refimd/credit in your favour, if you spent it.....you're still liable to pay it back as it was never yours in the first place. Dell would have 6 years in which to claim the remaining amount.

MT90

unholyangel wrote: »

Never heard of such a thing. Even with a bank refimd/credit in your favour, if you spent it.....you're still liable to pay it back as it was never yours in the first place. Dell would have 6 years in which to claim the remaining amount.

Im not sure how it works in practice, But I am 99% sure it exists in theory at least :P. Its meant to stop someone from being put in an unfair position due to the mistake of the other party.

If you undercharged me, I honestly believed I had more money than I though, bought a more expensive TV than I would of otherwise bought, it would be unfair for you to recover the money as I have honestly spent it.

unholyangel

MT90 wrote: »

Im not sure how it works in practice, But I am 99% sure it exists in theory at least :P. Its meant to stop someone from being put in an unfair position due to the mistake of the other party.

If you undercharged me, I honestly believed I had more money than I though, bought a more expensive TV than I would of otherwise bought, it would be unfair for you to recover the money as I have honestly spent it.

But the contract of sale was for a different amount agreed upon and it was that price that the transaction took place on.

Plus they can say if you knew the amounts were different, why didnt you call to query it? Or were you scared it was a mistake and therefore, trying to be underhanded in order to keep the money? hmmmmm.

And there will a clause somewhere with regards to mistakes. They are pretty common .

MT90

unholyangel wrote: »

But the contract of sale was for a different amount agreed upon and it was that price that the transaction took place on.

Plus they can say if you knew the amounts were different, why didnt you call to query it? Or were you scared it was a mistake and therefore, trying to be underhanded in order to keep the money? hmmmmm.

And there will a clause somewhere with regards to mistakes. They are pretty common .

Missing the point. Yes the contract was for an agreed amount, but it is deemed unjust, when the plaintiff makes the mistake, and the defendant doesn't notice (very common) and relied on the unknown mistake, to force the defendant to pay the remainder.

I already mentioned, how one would prove their reliance on the mistake is beyond me.

You get clauses that say If I kill you by neglect I shalt be liable, doesn't make it enforceable.

I would look it up, but I am pretty sure I burnt all my contract textbooks, I love the area sooo much you see.

unholyangel

MT90 wrote: »

Missing the point. Yes the contract was for an agreed amount, but it is deemed unjust, when the plaintiff makes the mistake, and the defendant doesn't notice (very common) and relied on the unknown mistake, to force the defendant to pay the remainder.

I already mentioned, how one would prove their reliance on the mistake is beyond me.

You get clauses that say If I kill you by neglect I shalt be liable, doesn't make it enforceable.

I would look it up, but I am pretty sure I burnt all my contract textbooks, I love the area sooo much you see.

And agreed amount is an agreed amount. If they had agreed a lower amount then the company tired to charge her the higher amount, she would be protected as it was not the amount offered at time of sale and therefore, wasnt foudnational for the existence of the contract.

you shalt be liable? so you would be liable then? and no, you cannot contract out of something like that, death by negligence. but this is not the case. you're not even talking about a minor term or condition of the contract. You'retalking about one of the most fundamental terms.

They billed her for the right amount (the amount they contracted). Thereore, that is the sum they are legally entitled to recover from her.

pcombo

Forget it dont pay the difference they cant and wont do anything. They wouldn't contact you 6 months down the line if the prices reduced and offered a refund in the difference.