re: Post Gold for Cash

mhh1981

Hi all,

Hopeing someone can assist. If I accept an offer over the phone without consultation of T&Cs, is the offer enforceable.

For example, I got offer £273 for some gold I sent. I accepted, however when off the phone I found out other stores will offer £600+.

I called them back and they said their terms show that the offer is enforceable. I said I wanted to hear evidence I actually accepted (as surely you must need proof) so she said she cant do that but Customer Services will call me back later.

I am in a legal right to no longer accept the offer and ask for goods returned?

Thanks in advance.

skylight

Too late. You sent, they offered and you accepted. The point to decline was at their offer stage and you chose not to decline.

Research should have been undertaken before the sale.

mhh1981

skylight wrote: »

Too late. You sent, they offered and you accepted. The point to decline was at their offer stage and you chose not to decline.

Research should have been undertaken before the sale.

Hi Skylight, thanks for your abrupt response - however still appreciate it. I mean from a legal perspective rather than your opinion.

My research AFTER shows that they have to provide proof that verbal agreement was reached or it is unenforceable so hoping they dont have that.

arcon5

Kerry_Patton wrote: »

Hi there

I am very sorry to hear that you are unhappy with the offer that we made you for your gold items, and that you feel you could have achieved a better price elsewhere.

My colleague Gail would be happy to discuss this with you - if you would like to speak to her, her telephone number is 01202 666249

However, I would like to make you aware that you have signed a declaration confirming you have read and agreed to our Terms and Conditions, which does state that acceptance is a legally binding contract and irrevocable. We do record all of our calls, so I am happy to provide you with the evidence of your acceptance. I can assure you that we speak with every single customer to confirm their acceptance, and on no occasion would be go ahead without this.

Clearly didn't read the op then? Otherwise you would know op has accepted the offer, by phone and not in writing. Also confirmed by the fact they are looking for a get our free clause based on a technicality (the hope the call wasn't recorded).

mhh1981 wrote: »

Hi Skylight, thanks for your abrupt response - however still appreciate it. I mean from a legal perspective rather than your opinion.

My research AFTER shows that they have to provide proof that verbal agreement was reached or it is unenforceable so hoping they dont have that.

Actually, legally i'm inclined to agree with the reply. I think your just annoyed its not what you wanted to hear.

You have formed a verbal contract with them, ie. they offered, you accepted. However, the problem with verbal contracts is it is hard to prove what was said and if they haven't recorded to phone call you may be able to argue that you infact declined the offer. Although if you do decide to go back on your word, don't expect them to make it easy for you.

mhh1981

because I hoped to gain a better insight into someone who actually can assist me rather than posts with an attitude.

mhh1981

arcon5 wrote: »

Clearly didn't read the op then? Otherwise you would know op has accepted the offer, by phone and not in writing. Also confirmed by the fact they are looking for a get our free clause based on a technicality (the hope the call wasn't recorded).



Actually, legally i'm inclined to agree with the reply. I think your just annoyed its not what you wanted to hear.

You have formed a verbal contract with them, ie. they offered, you accepted. However, the problem with verbal contracts is it is hard to prove what was said and if they haven't recorded to phone call you may be able to argue that you infact declined the offer. Although if you do decide to go back on your word, don't expect them to make it easy for you.

appreciate your comments arcon5. Gave your opinion without attitude. Thanks

CoolHotCold

you dun !!!!!!ed up good.

If your talking about proof, there is almost a guarantee that they've recorded the call. Also you would and they would be able to pull up phone records if it ever went to the courts, and hell they could probably request the IP address from this forum with your information provided (Healthcare etc from Surrey).

Legally you'll have trouble, morally too.

paddyrg

I think you'll end up at a bit of an 'I said they said' in court if you took it that far - which may cost as much grief as the amount you want back. Also, assuming you didn't have the stuff in your hands to show the other stores, how do you know they will offer you £600+ for it? Most of them will scrap the gold, and re-refine it, so will offer you a lowish price based on weight of the *pure* gold (post-refining - eg 9ct gold is only about a quarter pure gold!). They won't apply any value to any stones, etc or watch innards.

You may well find that had you taken the pieces to one of the other places that they would have offered you a lot less than £600+ when push came to shove.

Zandoni

These people that but gold are all a bit dodgy, they never tell you how much they are willing to pay per gram. A bit late now but best avoided in the future.

Do wish people on here could be a bit more sympathetic, they seem to get off on other peoples misfortunes.

MorCanny62Noo

I agree, belatedly, with you that postgoldforcash.com should not be recommended, as it was previously on the money saving expert website. Hindsight is a wonderful thing! Even my local East End pawnshop/gold buying enterprise has today offered me twice what I received for 33 grams 9 carat gold chain. postgoldforcash.com has an interesting technique of offering a risible amount then asking what you think is due. When I said no thanks, the offer was increased a few times, with repeated "hold on while I speak to my supervisor" ... Finally,I agreed!!?? You must not agree because the offer will not be revised up later - I tried. I am happy for them to make a profit. That is business. I am not happy to be paid half the value for my item. That is a ripoff. WARNING do not use postgoldforcash.com. I never would again. End of!

ritesh

Assuming you have not yet sent the gold just tell them you were burgled and burglers looted the house including said gold!

With the shoe on the other foot, even though you have verbally agreed, I see no harm in fighting this. Surely this is what happens when you go to car dealers and how they treat customers. So as said, shoe is on other foot.

Good luck