Mis-price - Where do I Stand

tbw

I'm certainly no expert but once money has changed hands and you have the goods, I can't see how a company can legally grab more cash just becasue they have your card details. They offered the goods, you offered to buy, they acceptd your offer and money and goods were exchanged.

I think I would probably cancel the card - you might explain to the card company that you have concerns that a company you have dealt with may well try to take extra cash from you without your permission ie a possible illegal money 'grab'. Once the company grabs the cash it might be difficult to get it back.

I don't see that any company can legally retain card details and re-use those details at some future date to take more money without the card holders permission. If this was allowed then nobody would riskbuying anything with a card as they would be wide open to extra charges at any time.

(I'm assuming that the price error was not one that you would have been bound to notice ie you didn't buy a £210 item for £1 !!!)

fluffnutter

tbw wrote: »

I'm certainly no expert but once money has changed hands and you have the goods, I can't see how a company can legally grab more cash just becasue they have your card details. They offered the goods, you offered to buy, they acceptd your offer and money and goods were exchanged.

I think I would probably cancel the card - you might explain to the card company that you have concerns that a company you have dealt with may well try to take extra cash from you without your permission ie a possible illegal money 'grab'. Once the company grabs the cash it might be difficult to get it back.

I don't see that any company can legally retain card details and re-use those details at some future date to take more money without the card holders permission. If this was allowed then nobody would riskbuying anything with a card as they would be wide open to extra charges at any time.

(I'm assuming that the price error was not one that you would have been bound to notice ie you didn't buy a £210 item for £1 !!!)

It's such a dodgy practice but it does happen. That's the principle behind continuous payment authority and people often don't realise they've agreed to it. Hotels are known to do it as well, once they've decided that you're responsible for the fact that the cleaner who went in after you left has emptied the minibar and nicked all the towels. Basically it's buried away somewhere in the T&Cs. I'm not saying this is the case here, and hopefully the company's not unscrupulous enough to do it. But 200 quid's a fair bit of cash. Which is why I was curious to know which company this was.

Esqui

As far as the law is concerned, you offered to pay the price you saw; they accepted by giving you the goods and taking payment for that price. Contract concluded.

If they take any more money, they're techincally committing fraud

fluffnutter

Esqui wrote: »

As far as the law is concerned, you offered to pay the price you saw; they accepted by giving you the goods and taking payment for that price. Contract concluded.

If they take any more money, they're techincally committing fraud

That's what I hoped was the legal position. But I'd still feel a little vulnerable if they had my card details!

adam.mt

Correct. Legally it's yours and they can't take any more money. However, if it's an obvious mistake (TV for £10 that sort of thing) then they can bill you and pursue for payment, if you don't return the goods on request.

What's the price difference? Unless it's huge then they haven't a chance.

somethingcorporate

adam.mt wrote: »

However, if it's an obvious mistake (TV for £10 that sort of thing) then they can bill you and pursue for payment, if you don't return the goods on request.

Anything to back that up?

adam.mt

Sorry, can't find at the mo; but it's standard contract law (obvious mistake renders the contract void).

[Deleted User]

Hi,

I'm with Esqui on this. Contract has concluded. You accepted their invitation to treat and they accepted. They (nor you) can change your mind about the price later. It's contract law that will rule here. If the trader does debit your card then this would be an unauthorised transaction (you authorised X amount not Y) and you would be covered under the banking code.

If trader does debit the extra then contact Consumer Direct (look it up in google). Don't be tempted to return the goods as a result of the traders threats to take you to court etc, again CD can advise.

Good luck.

somethingcorporate

adam.mt wrote: »

Sorry, can't find at the mo; but it's standard contract law (obvious mistake renders the contract void).

I didn't think that was true once the contract had 'concluded'.

DVardysShadow

adam.mt wrote: »

Sorry, can't find at the mo; but it's standard contract law (obvious mistake renders the contract void).

But, if the contract has been concluded, then the mistake was not obvious.