Advice needed on internet mis-pricing when the money was taken weeks earlier

Dave_H_4

Emanef wrote: »

I gave up on this ages ago guys (check the date of my post!). My gripe was that they took the money out of my account - in the past when companies have done this they've had to honour the deal (a la the Argos fiasco a few years back) as they've accepted a contract between buyer and seller by taking the money. Companies shouldn't take money out of your account until they have confirmed and verified the agreement. I don't really think they should take any money until dispatch, which more reputable co's like Amazon, Play, Choices, etc don't do.

Anyway, for the small amount I couldn't be arsed to pursue it. I was just irritated that they had my money for almost two weeks before realising and refunding. Fine on £5.47 but what if it was a purchase of a large itemm, such as a plasma TV, and they held on to lots of customers' money and gained interest? It was a prinicipal thing, and two respond to the sarky comments, I'm really not that bothered!

And common sense? Not really. You often see bargains online, both for new and older titles. Just because it was a low price doesn't mean it was obviously a mis-prise, as I just thought it was a cracking price. I bought Casino Royale in Asda for about £7 in the week it came out, so it's not exactly unheard of is it.

I get your point but look at it this way. Even if they were racking up interest (which woulkd take a bloody long time, they wouldn't get much in 2 weeks no matter what the amount) you haven't lost out as you got the full amount back (I presume you got the full amount back??)

I just don't see why this would !!!! you off, I mean you ordered something, their price was wrong so they cancelled and refunded end of..

JasonLVC

Consumer law isn't really geared up for internet purchases, however, most firms have offered good will gestures when a pricing error has occured - but that doesn't mean they were wrong.

Whilst a contract is formed at the point money is exchanged, the way internet purchases are made (that is, the money is taken before any exchange of goods) is a complete reverse of normal shop trading whereby you take the goods and then pay for them.

I'd wager that a civil action would allow any trader the error of margin and permit them to not sell something at the wrong price - back to the old invitiation to treat angle - but for a few quid not worth it.

Many websites now impose an errors and ommissions statement allowing them to 'sell' you something but refund you if later deemed to be a price error - too many price errors could lead you to report trader to trading standards but they'd unlikely act unless they felt the misprices were a deliberate attempt to increase traffic to the sellers website.

JasonLVC

Emanef,

May I suggest you check the other post on this forum about 4cheapCD's. Mainly negative posts apart from one persistent poster who thinks they're great - I think you'd need to form your own conclusion about that advice.

As per my previous post, legally you've not got much of a leg to stand on - albeit not tested in statute law as yet - bu for the value - probably not worth it. Provided you have been refunded, despite the delay, then you've got very litle else in terms of action to take.

In terms of interest lost, on £5 it will be half pennies and unless you've incurred interest on your CC as a result, again, you've not incurred any material loss and so difficult to persue for any great efforts.

Sorry about that - Borat is a great film though!.

MarkyMarkD

The legal position is not as simple as a few of you make out.

The contract isn't necessarily formed when payment is taken.

It can be considered that providing the seller with your credit card details constitues providing consideration and hence meeting the offer/acceptance/consideration requirements of a contract.

Some companies' terms and conditions are very one-sided, which means that they are not enforceable under the Unfair Contract Terms in Consumer Contracts legislation. For example, many terms and conditions tend to bind the customer immediately they place an order, but then claim that the contract isn't formed until they despatch the goods. That's not allowed.

veruccasalt

stiffnuts69 wrote: »

We are getting a lot of new !!!!!! on this forum lately.

Do you think you could modify your language please. I find that sort of vocabulary offensive.

stiffnuts69

Dave_H wrote: »

Hey there,

I really do not see your issue here as you have been refunded the money.

You ordered a DVD incorrectly priced, the company noticed this mistake so sent you an e-mail advising you of this and refunded your money, what is the problem.

It sounds like you are just bitter and !!!!ed off that you didn't get the DVD at a bargain price, there are no illegal moves here. The company didn't have the product to supply at that price so refunded.

What exactly is your issue, you have your money back??????????????

And I also find this post offensive, aggressive, patronising, unhelpful and pathetic.

The price of £5.47 was not an unreasonable price. If the misprice said 1p or 99p then that would be something else.

The person asked a point of contract law and you were not able to answer in any sort of helpful way.

The guy asked a question and instead of trying to help him you thought you would stick your 2 pennies worth in. You are new here and you should show some respect.

Telling someone he is bitter and pi55ed off is bad manners, and you should practice what you preach.

devild_2

Dave_H wrote: »

Why exactly? This is £5.47 for god's sake!!

QUOTE]

I find this blasphemous especially during easter. May god have mercy on your soul.......

MINCER_2

Cash flow a bit sluggish? Need some cash in a hurry? Why not advertise a pre-release DVD at a stupid price! Take the money and when you are due to ship the product - just refund the money!

'Dodgy Practice' - Helping you over those lean times!

stiffnuts69

devild wrote: »

Dave_H wrote: »

Why exactly? This is £5.47 for god's sake!!

QUOTE]

I find this blasphemous especially during easter. May god have mercy on your soul.......

here here.:T

Did you notice that he also used the word HELL in the same post.

off to scoff my easter eggs now

firespire

MINCER wrote: »

Cash flow a bit sluggish? Need some cash in a hurry? Why not advertise a pre-release DVD at a stupid price! Take the money and when you are due to ship the product - just refund the money!

'Dodgy Practice' - Helping you over those lean times!

You can only get away with it if you are in a different country. Anyway I only would pre order something where the company states you will only be charged when the product is due to be shipped not before.