Undercharged at a pawn shop: my rights

CopperKettle

I'd appreciate some input on the following but after reading similar posts I want to make it clear I'm only interested in the legal position. I'm well aware there is an ethical dimension and for some people 'doing the right thing' is all that matters; who made the mistake & whether it's a superstore, makes no difference. In theory I agree so I'll more than likely pay the difference next week. Then there's the fact I have other items with them and it'll be horribly embarrassing to face them if I don't.
That said, I think it's entirely understandable if people today are more hesitant to take responsibility for such shortfalls. It's become clear over the years that business generally does not see fair treatment of consumers as sacrosanct.

Yesterday I went to reclaim some jewellery from a pawnbrokers. I handed in the loan agreement forms. They told me what I needed to pay & entered the details into the card reader. I entered my pin. It rang up successfully & they returned my bank card. Another assistant got my jewellery out of the vault printed a receipt for me to sign and I left with the jewellery from 3 separate loans.
I had a niggling feeling something was amiss. But since the figure they quoted for the card payment seemed higher than I expected to pay for 2 of the loans, I hadn't looked at the card reader, I'd been in a panic & kept dropping my phone so by then couldn't remember the figure quoted, I decided it must be alright & that I'd check when I got home. This wasn't the first time I'd arrived at a different total to them & it's usually me that's wrong!
5 minutes after arriving home the phone rang. "You've underpaid. You didn't pay the right amount. You must come back now with the jewellery or the money."
It seemed like I was being blamed for this & had tried to rip them off. I took exception to this & pointed out I'd done nothing wrong & that if there had been a mistake it was down to them. They wouldn't admit to making a mistake - just that it'd been busy. They tried to get me to go back immediately to 'sort it out'. They even said I'd left an item behind to induce me. This annoyed me so I said I wasn't going to talk about it any more but that I'd be in the following week. (This week)

I've worked out what happened. I think the person who took the payment missed one of the agreements because two of them had stuck together.

I know what I should do. But as someone with no savings who has to make use of pawn shops from time to time - my fault, if I'm not legally bound I could probably live with myself if I paid half or gave them £50 less. (The shortfall is approx £140).
I don't blame them for the fact they make hundreds of pounds a year in interest off me. No-one forced me to be stupid.
But I don't like the fact that on a few occasions when jewellery was up for renewal on a Sunday & they'd agreed I could go in on the Monday, they've charged me a whole additional month's interest which seems unfair.

Can anyone tell me where I stand legally? The receipt showing the whole amount says I paid in cash & I had to sign it.

iammumtoone

Yes you have to pay if you owe them money. However if you don't they would have to take to to court for it where they would win, if they would do that for £140 only they know that answer.


I would say you need to ask yourself if you will ever need to use a pawn shop again as if you don't pay you can be sure you will be banned from their shop and they will warn all the other pawn shops about you as well.

Aylesbury_Duck

Legally you owe them the money. That's the simple bit. What you do with that information is up to you.

Potbellypig

iammumtoone wrote: »

Yes you have to pay if you owe them money. However if you don't they would have to take to to court for it where they would win, if they would do that for £140 only they know that answer.


I would say you need to ask yourself if you will ever need to use a pawn shop again as if you don't pay you can be sure you will be banned from their shop and they will warn all the other pawn shops about you as well.

:rotfl::rotfl:

LilElvis

As they are holding other items of yours then there is no way you're getting away with anything other than paying the balance in full - unless you're willing to give up those other items and are happy not to use this store again.

Ectophile

I would point out that a CCJ only affects your credit record if you get taken to court, and if you lose, and if you still don't pay after losing the case.


If you pay up if/when the court finds against you, then you're OK.

CopperKettle

I understand ethically and that they might ban you from using them again but if you have a receipt saying you paid cash for the full amount of the 3 agreements, why is the law on their side?

Aylesbury_Duck

CopperKettle wrote: »

I understand ethically and that they might ban you from using them again but if you have a receipt saying you paid cash for the full amount of the 3 agreements, why is the law on their side?

Er...because you didn't pay the full amount? You asked where you stood legally. Legally, you haven't paid the full amount so legally, once they work that out they are entitled to pursue you for the shortfall. Legally.

If you know the answer you want to hear, just say so and we won't waste our time answering your question correctly.

CopperKettle

Thanks for your reply. I think I explained why I feel as I do.


I appreciate what people are saying but from a strictly legal point of view, I don't understand why, if I have a receipt saying I paid cash for the full amount of the 3 agreements, I could be taken to court for not paying.


Besides, I'd really like to go in there knowing I don't have to pay legally - & telling them that, but paying anyway. It'll make it much easier to do the right thing.

Aylesbury_Duck

CopperKettle wrote: »

Thanks for your reply. I think I explained why I feel as I do.


I appreciate what people are saying but from a strictly legal point of view, I don't understand why, if I have a receipt saying I paid cash for the full amount of the 3 agreements, I could be taken to court for not paying.


Besides, I'd really like to go in there knowing I don't have to pay legally - & telling them that, but paying anyway. It'll make it much easier to do the right thing.

You paid by card, right? So their transaction system has on record what you paid and the exact time you paid it.

You can't go in there "knowing you don't have to pay legally" because you do owe the money, legally. It's not necessarily about "taking you to court", either. They have more of your goods which they can hold until you settle your account. That's the step I'd expect them to take if they work out they're short.

If you believe that receipt gives you all the evidence you need, don't waste our time keeping on asking the same question. You'll keep getting the same answer, which is the one you don't want to hear.

SnowTiger

CopperKettle wrote: »

Then there's the fact I have other items with them and it'll be horribly embarrassing to face them if I don't.

[...]

5 minutes after arriving home the phone rang. "You've underpaid. You didn't pay the right amount. You must come back now with the jewellery or the money."
It seemed like I was being blamed for this & had tried to rip them off.

[...]

But I don't like the fact that on a few occasions when jewellery was up for renewal on a Sunday & they'd agreed I could go in on the Monday, they've charged me a whole additional month's interest which seems unfair.

Can anyone tell me where I stand legally? The receipt showing the whole amount says I paid in cash & I had to sign it.

Legally, I think you are obliged to pay.

There is a contract between you and the pawn shop. You borrowed £x from them and agreed to repay £y after z days. Both parties to the contract were aware of the terms.

You left collateral as security. You have your collateral back, but didn't pay them the full amount you agreed to.

Presumably the pawn shop has evidence of your agreement and the card payment will be evidence of what you paid. You haven't (fully) fulfilled your part of the agreement.

I understand you think they've treated you badly in the past. But what are you going to do now? You'll find it very awkward when you turn up for the item they still have.

Will they take you to court of £140? I doubt it. You'll probably find they no longer want to do business with you and will spread the word.