Action to take if things are advertised at a specific price & order taken

Redbedhead

What action action can be taken if a company advertise items on the internet at a specific price which you then get when you place the order. Then the item is not shipped supposedly because of nothing in stock.

Then you see the item back on the website at a higher price, showing that the item will be delivered in 3 - 5 days. If they have the item in stock and are not fulfilling your order can any action be taken against the shop? I believe it is some form of false advertising but wasn't sure what can be done about it.

Thanks

angelavdavis

I would report them to Trading Standards, providing copy orders, etc as proof

Redbedhead

angelavdavis wrote:

I would report them to Trading Standards, providing copy orders, etc as proof

Thanks - I thought it might be trading standards but wasn't sure if there was somewhere specific that dealt with Internet vendors.

tripled

Depends whether or not they took the money off your card - if they did, they have then entered an agreement to supply you at that price, if they haven't, they can refuse.

codger

redbedhead: there's a widespread misconception that Trading Standards departments have 100s of staff and more lawyers than The White House.

Ain't true.

These are departments of Local Authorities and as such are governed by Local Authority budgets.

Trading Standards, as its name states, exists to monitor the standards of a trader. If standards are called into question, it is generally on the basis of repeated complaints. Not isolated incidents. And if action is taken, it usually on the basis that complainants have been uniqely and severally, financially disadvantaged.

Reporting this company for "hucksterism" -- which is what this is, though only if a pattern of similar behaviour with other products can be shown to exist -- is not necessarily a waste of time, because your experience may well have been that of others unknown to you who have also made similar complaints. And that would be sufficient for TS to issue a warning.

But that's all that will happen.

I'm a great fan of Trading Standards staff as I've seen them in action in many different circumstances, but I do wish people would wake up to the fact that TS is not some kind of free legal aid service, instantly ready and able to leap into the middle of consumer breach of contract disputes: that's what the Court Service is there for.

Redbedhead

codger wrote:

redbedhead: there's a widespread misconception that Trading Standards departments have 100s of staff and more lawyers than The White House.

Ain't true.

These are departments of Local Authorities and as such are governed by Local Authority budgets.

Trading Standards, as its name states, exists to monitor the standards of a trader. If standards are called into question, it is generally on the basis of repeated complaints. Not isolated incidents. And if action is taken, it usually on the basis that complainants have been uniqely and severally, financially disadvantaged.

Reporting this company for "hucksterism" -- which is what this is, though only if a pattern of similar behaviour with other products can be shown to exist -- is not necessarily a waste of time, because your experience may well have been that of others unknown to you who have also made similar complaints. And that would be sufficient for TS to issue a warning.

But that's all that will happen.

I'm a great fan of Trading Standards staff as I've seen them in action in many different circumstances, but I do wish people would wake up to the fact that TS is not some kind of free legal aid service, instantly ready and able to leap into the middle of consumer breach of contract disputes: that's what the Court Service is there for.

To be honest, I didn't expect action to be taken because of the one incident, so that is fine. It was more incase others had also complained, or in the future if others need to complain, that my complaint is also there.

Tripled - There is not a lot of money involved in the transaction and I don't think they have taken it from my card, but I do wish they would either cancel the transaction or deliver the item - and make a decision one way or the other as it has now been outstanding for 2 months and was a Christmas pressie. At the time of order I was told it would be despatched within 3 - 5 days:rolleyes:

uktim29

Redbedhead wrote:

What action action can be taken if a company advertise items on the internet at a specific price which you then get when you place the order. Then the item is not shipped supposedly because of nothing in stock.

Then you see the item back on the website at a higher price, showing that the item will be delivered in 3 - 5 days. If they have the item in stock and are not fulfilling your order can any action be taken against the shop? I believe it is some form of false advertising but wasn't sure what can be done about it.

Thanks

This seems to have nothing to do with Trading Standards. I work in retail and they hate their time wasted over trival things, I know I've had them moan about the public doing this to me.

Above you say, it was not in stock so it wasn't shipped. Then they had more but put the price up. So? That's not illegal, nothing to do with trading standards.

You then say in a post lower down you don't think your card has been charged, it probably wasn't if they had none then, but you've admitted you don't know.

Why don't you just search for a cheaper price somewhere else? What you've written is not illegal and will be wasting tax payers money again, that being both yours and mine. I agree with the post above, some people now just see Trading Standards as a consumer helpline, that is not what their for!

codger

redbed: on which basis -- i.e., not in the expectation of TS intervention, rather for the purpose of providing TS with information which may turn out to reflect the experience of other complainants -- then I actually think you'd be quite correct in dropping them a line (perhaps with a qualifying sentence to the effect that your letter is for information only, and that you don't expect a response from them unless they themselves wish clarification).

That kind of approach to TS is never going to be begrudged, because it legislates for all the points Tim rightly made above, points which certainly reflect my own understanding of the work-loads shouldered by TS staff.

It's the difference between someone blitzing TS with a complaint about a garage's rip-off car servicing and demanding to know what TS is going to do about it (a common complaint) and someone writing to TS with a note of their experience of the garage's standard of trading, and asking TS to add that experience to any others it may have received from other dissatisfied customers.

One thing I'd certainly do as a matter of urgency, however, is sort out just what has and what has not been charged to your credit card. The amount may be financially small, but an unjustified charge is exactly that; it shouldn't be allowed to remain in place.

chuckles1066

Redbedhead wrote:

What action action can be taken if a company advertise items on the internet at a specific price which you then get when you place the order. Then the item is not shipped supposedly because of nothing in stock.

Then you see the item back on the website at a higher price, showing that the item will be delivered in 3 - 5 days. If they have the item in stock and are not fulfilling your order can any action be taken against the shop? I believe it is some form of false advertising but wasn't sure what can be done about it.

Thanks

HMV are notorious for this but until they've taken money from your chosen card, no contract exists.

dmg24

Depends whether or not they took the money off your card - if they did, they have then entered an agreement to supply you at that price, if they haven't, they can refuse.

This is a very simplified view of offer and acceptance. Unless they are being wildly unreasonable, a retailer can specify in their t & c's when acceptance occurs.

BettyBunnyBoos

just popeed in to day hello... I am a newbie lurker!

Hope everyone is well - I am going ot have to dash, kiddiewinkies demanding attention but I hope to be back

BBB