Curtain problem

Berties_mum

On 23 January I ordered a pair of curtains from Paul Simon in Norwich. I knew they would only take a few days to arrive so I paid in full using my debit card.
A few days later I looked closely at the invoice and realised they had ordered the wrong size for me! I phoned them to point out their error and they re-ordered the correct size.
I phoned them again a few days later to check if my order had arrived. It had and I went to collect my goods.
Today I received a phone call from Paul Simons informing me that I need to pay a further £42 - the difference of the 2 curtain sizes. They asked permission to take the payment from my debit card. At the moment I have refused to give permission as it was their fault that they ordered the wrong size in the first place and they didn't ask for further payment when I collected the curtains!
Can they ask for further payment after I have collected the goods?

mo786uk

I would say if the contract has concluded they cannot then charge you extra.

So the question is

Have they provided you with the goods - yes you have them
Have they taken payment? Yes it sounds like they have

If they have sold you a set of curtains for a quoted price and the dela has been done I would be inclined to say the contract has finished and they cannot insist on you paying the excess.

It would be different if they hadnt taken the inital payment I feel as they could then say the contract hadn;t been concluded.

dmg24

Surely the new that the larger curtains would cost more, so why would you expect to pay less?

Equaliser123

mo786uk wrote: »

It would be different if they hadnt taken the inital payment I feel as they could then say the contract hadn;t been concluded.

Conceptually, it wouldn't be different. The deal is done - one party agrees to pay, one party agrees to supply for a set price. Payment doesn't need to be taken for a contract to arise.

fluffnutter

So that's what Paul Simon's up to these days - making curtains. Bit of a career change but why not? Haberdashery's very rewarding I hear.

CoolHotCold

I think its a little wrong, they order wrong sized curtains for X price (which is the correct price for X sized curtains), you realised their mistake and they put the order right but not updated the price to reflect the size changes.

I might be old fashioned, but either pay them what they are due, or return the curtains.

deanos

I presume the amount charged was for the size they ordered on the invoice , don't think you can do anything

mountainofdebt

Its this sort of post that makes me despair.

The OP has had goods and even though the shop has had the manners to ask her permission to take the additional payment due to incorrectly invoicing, she is refusing and tries to take the moral highground.

Potentially we looking at the shop assistant being made to pay the difference.

If the OP is happy with her curtains then pay what's due and stop trying to make out she's the injured party.

Grrrrr!

Berties_mum

Thanks for all your comments. I have contacted the store to gain their email address but unfortunately they dont have one!! What year are we in???? I then contacted their head office and have just emailed them with my problem. Hopefully i will hear from them early next week. Thanks again.

mountainofdebt

Tbh I don't see the problem.

You've got a pair of curtains that cost £42 more than the size you paid and you've been asked to pay the difference.

Presumably you would have been happy to have paid the proper price in the beginning so what's the issue in paying the difference?

durham_girl

Moral issues aside, they offered a price you accepted and paid and the transaction has been concluded therefore you owe them nothing.