HELP - Incorrect amount taken from credit card

agrinnall

unholyangel wrote: »

Looks like the company aren't familiar with how law works.

They company you contract with is located and registered in the UK - yet they try to apply german law to the contract.

The only way that would be valid (the german law being the governing law) would be if you contracted with a german company, paid the german company and the UK company role was purely as a contractor of the german company to provide services for them (in other words, how amazon are set up).

I have to say that when I've bought tyres from them in the past they have been despatched from Germany. However, their VAT number is a UK one which lends considerable weight to your argument that the payment is to a UK company rather than the Amazon situation.

I'd suggest that before despatch they should have advised the OP of the pricing error and asked whether the transaction should be concluded at the correct price. Having failed to do this I think it could be argued that the contract was concluded on despatch and that the only price that should apply is the one that the OP authorised, although I haven't delved into their T&Cs to be sure.

Mikef

agrinnall wrote: »

I have to say that when I've bought tyres from them in the past they have been despatched from Germany. However, their VAT number is a UK one which lends considerable weight to your argument that the payment is to a UK company rather than the Amazon situation.

I'd suggest that before despatch they should have advised the OP of the pricing error and asked whether the transaction should be concluded at the correct price. Having failed to do this I think it could be argued that the contract was concluded on despatch and that the only price that should apply is the one that the OP authorised, although I haven't delved into their T&Cs to be sure.

Exactly what I thought, they cant just take a different amount without my authorisation can they?

I contacted mytyres today and they said i could either have £30 off the full price or they can send a courier to collect, i wasn't happy with either of these options and don't believe what they have done is lawful so have disputed with my credit card but I wanted to know where I stand legally, I guess thats why I paid on the cc though.

Ectophile

There's nothing to stop you telling the CC company that it's an unauthorised charge. You don't get to keep the tyres, though!

pappa_golf

and that is exactly what they have offered to do (mytyres), collect the tyre and reimburse

unholyangel

agrinnall wrote: »

I have to say that when I've bought tyres from them in the past they have been despatched from Germany. However, their VAT number is a UK one which lends considerable weight to your argument that the payment is to a UK company rather than the Amazon situation.

I'd suggest that before despatch they should have advised the OP of the pricing error and asked whether the transaction should be concluded at the correct price. Having failed to do this I think it could be argued that the contract was concluded on despatch and that the only price that should apply is the one that the OP authorised, although I haven't delved into their T&Cs to be sure.

Where they're dispatched from is mostly irrelevant. Basically think about the way amazon is set up. You contract with Amazon EU sarl. You pay amazon EU sarl yet your items are stored & dispatched from Amazon.co.uk Ltd - yet the governing law is the laws of luxembourg, not english or scots law.

This is kind of similar - just in a reversal of circumstances.

I don't think them shipping will be seen as acceptance of the offer - agreements need to be certain and the discrepancy in the price prevents that certainty. ie they'll say they accepted the £330 price, not the £170 one.

agrinnall

unholyangel wrote: »

Where they're dispatched from is mostly irrelevant. Basically think about the way amazon is set up. You contract with Amazon EU sarl. You pay amazon EU sarl yet your items are stored & dispatched from Amazon.co.uk Ltd - yet the governing law is the laws of luxembourg, not english or scots law.

This is kind of similar - just in a reversal of circumstances.

I don't think them shipping will be seen as acceptance of the offer - agreements need to be certain and the discrepancy in the price prevents that certainty. ie they'll say they accepted the £330 price, not the £170 one.

You're probably right, except for the highlighted part - how can they argue that there was acceptance of £330 when that price was never offered to the OP, who only authorised £170?

unholyangel

agrinnall wrote: »

You're probably right, except for the highlighted part - how can they argue that there was acceptance of £330 when that price was never offered to the OP, who only authorised £170?

Sorry, I didnt mean that OP had accepted their offer. Just that in order to be binding, an agreement must be certain - nothing in their conduct indicates acceptance of the OPs £170, only that they would have accepted £330. Plus when a counter offer is made, it destroys the original offer.

In other words, OP probably won't be able to force them to supply the tyres for £170 but nor should OP be in a worse off position due to their mistake - they should cover the cost of collection and if OP ends up going overdrawn or otherwise encounters charges due to them taking more than was agreed, they should cover those costs also.

agrinnall

unholyangel wrote: »

Sorry, I didnt mean that OP had accepted their offer. Just that in order to be binding, an agreement must be certain - nothing in their conduct indicates acceptance of the OPs £170, only that they would have accepted £330. Plus when a counter offer is made, it destroys the original offer.

In other words, OP probably won't be able to force them to supply the tyres for £170 but nor should OP be in a worse off position due to their mistake - they should cover the cost of collection and if OP ends up going overdrawn or otherwise encounters charges due to them taking more than was agreed, they should cover those costs also.

You're probably right, and they'll have it covered in the T&Cs. And just for the sake of clarity we've both been saying £170 (you started it ) but the OP actually says £120.

Mikef

I dont think they can just take an amount off my credit card without authorisation though. The way i understand it is - if you go in a shop and see something priced up at one price they cant change the price at the till - at that point they have two options, remove from sale or offer it you at the price advertised.

Mytyres changed the price and charged me the uplifted price without my agreement, they should have cancelled the transaction and asked me to reorder at the uplifted price. In doing what they did they breached our contract - could you imagine if you bought a £10 item online and found you were charged £1000 pounds?

That being said they did sort this out eventually and Ive been refunded the difference without too much fuss

Dear Mr Mikef

The item you have ordered was marked with an incorrect price due to system bug in data transfer.

We would like to inform you that we have sent your refund request to the accounting department for all the necessary actions to be taken in order for the refund of the price difference to be made as soon as possible.

We apologize for any inconvenience caused.

unholyangel

agrinnall wrote: »

You're probably right, and they'll have it covered in the T&Cs. And just for the sake of clarity we've both been saying £170 (you started it ) but the OP actually says £120.

:rotfl: I admit, I wasn't 100% sure the figures were right but for some reason, decided against spending a few extra seconds going back to check.