Seller undercharged, now asking for money 3 weeks after item delivered

Phil__3

This is the site

equip-u.com

Unless I've missed something it doesn't mention about when the contract is formed, just when they have the right to accept or decline your order. It also states in the Privacy section that they hold no card information, that is all handled by Paypoint.

I have replied to their e-mail stating I cannot authorise any further payment as I don't have the funds available, and I'm shocked at being asked for more money 3 weeks after the completion of the order.

I have a feeling that there's going to be alot of hassle over this.

bowdengr37

I would suggest that you print a copy of the email they sent you and contact your bank/card issuer. Make it clear to them that you are not willing to pay the extra cost this company are demanding.

That way, if they try to request the money from your card, the bank/card issuer have been pre-warned that it is a bogus transaction. If they were to make the payment, you should be able to get the money back.

The contract was formed for the price stated on the website at the time you purchased the item.

In contract situations:

Price shown instore/on website is called the INVITATION TO TREAT.

Sending the money, via card/cheque/bankers draft etc, is considered to be the OFFER.

Accepting the money, via cashing the cheque/draft or debitting the card, is considered to be the ACCEPTANCE.

Once OFFER & ACCEPTANCE have been completed, the contract is formed and can not be unilaterally modified by either party without the explicit consent of the other party. (Unless specified in the T&Cs of either party at the time of the contract formation)

That is the law. There are certain statutory exceptions, such as SOGA, Unfair Contract Terms Act etc, but nothing which would require you to accept any extra charge, as in this case (Unless specified in their T&Cs at the time of the contract)

Hope this helps.

Phil__3

Thanks, will contact the bank asap.

Flyboy152

Phil_ wrote: »

This is the site

equip-u.com

Unless I've missed something it doesn't mention about when the contract is formed, just when they have the right to accept or decline your order. It also states in the Privacy section that they hold no card information, that is all handled by Paypoint.

I have replied to their e-mail stating I cannot authorise any further payment as I don't have the funds available, and I'm shocked at being asked for more money 3 weeks after the completion of the order.

I have a feeling that there's going to be alot of hassle over this.

There shouldn't be. There is no legal framework for them to recover the money.

somethingcorporate

bowdengr37 wrote: »

Accepting the money, via cashing the cheque/draft or debitting the card, is considered to be the ACCEPTANCE.

Unfortunately this is incorrect.

For an online transaction acceptance is usually upon dispatch due to the automation of back-end systems. Check the T&Cs of many online retailers and this will be the case.

s_b

if they tried to do this to me and my card 3 weeks after the event i would see it as theft

Unintentional

Do what the other poster said, Ring your bank and ask them not to accept a further payment from that company, They shouldn't have your card details anyway so you shouldn't have to worry.

If they e-mail you again. Tell them that a sales contract between you and them was formed for £195 and that you are under no obligation to send more money and that you do not wish to be contacted again regarding the matter. Add them to your block list if needed.

tomwakefield

The only way they would have a case is if you bought it for £457, then for some reason they accidentally only took £195. Given that they advertised it for £195, you offered £195 and (presumably) they accepted £195 by sending the goods to you.

They can go whistle for the rest.

Incidentally, have you looked on the site to see whether they are now advertising your camera at the "correct" rate. If not, it could be that they're trying to pull a fast one.

bowdengr37

somethingcorporate wrote: »

Unfortunately this is incorrect.

For an online transaction acceptance is usually upon dispatch due to the automation of back-end systems. Check the T&Cs of many online retailers and this will be the case.

I would suggest that this is arguable. If the payment is made by the buyer and received by the seller, the idea that a contract is only formed when an item is dispatched would suggest that the seller did not have to send the item as no valid contract had been formed by payment.

Of course, the seller does have the option to refund payment if it has been made via an automated system such as a credit card.

The law relating to this situation was made long before internet transactions, in the good old days when we used to get off our backsides and go to the shops. Perhaps it needs re-clarifying.

The actual situation regarding the ACCEPTANCE part of a contract lies somewhere between payment and dispatch (for internet purchases), dependent, as SOMETHINGCORPORATE says upon the individual T&Cs of the site involved.

In this instance, the OP can be assured that ACCEPTANCE has been completed, as both payment has been taken AND the item has been dispatched and delivered.

bigpound

You don't have to do anything, deal is done and over. But you could offer to sell it back to them, adding a 'small' delivery/processing/hassle fee.