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  • thetheboy
    • #2
    • 15th Jul 08, 10:20 PM
    arkright should give him his money back...
    • #2
    • 15th Jul 08, 10:20 PM
    To keep good customer service and it is an obvious mistake the opposite happened to me in a paper shop i bought a sunday paper( havent they gone up in price?!) and handed over a fiver and got change for a tenner and I pointed out the mistake.

    I got some very strange looks from the other customers but he was an independent shop keeper and it was alot of money ish if it had been smiths I would have thought twice...

    so yes Arkright should give the £100 pounds back...
    if the boot goes on the other shoe or something
    Last edited by thetheboy; 15-07-2008 at 10:22 PM. Reason: poor spelin
    It's better to travel hopefully than arrive...
    • kah22
    • By kah22 16th Jul 08, 12:06 AM
    • 1,422 Posts
    • 495 Thanks
    kah22
    • #3
    • 16th Jul 08, 12:06 AM
    • #3
    • 16th Jul 08, 12:06 AM
    Yes.

    There is no dilemma here. The article was priced at £399 a mistake was made and charged at £499. The refund should be made - end of story.

    I'd like to know from any legal readers out there is this theift on behalf of the shop, I mean holding onto money which has been overcharged when their attention has been drawn to it and proof exsists?.

    But what if the shop decided to hold on to the £100. Well he's entered his pin code if is a credit card just cancel the payment and give the computer back. I wouldn't be of that firm again.

    I'd also report him to the local trading standards officer.

    Kevin
    • sasparillo
    • By sasparillo 16th Jul 08, 12:45 AM
    • 263 Posts
    • 36 Thanks
    sasparillo
    • #4
    • 16th Jul 08, 12:45 AM
    Credit card?
    • #4
    • 16th Jul 08, 12:45 AM
    Can he claim the £100 back from his credit card? Just a thought.
  • shadej
    • #5
    • 16th Jul 08, 1:11 AM
    • #5
    • 16th Jul 08, 1:11 AM
    I can't see any shop not refunding once they have realized. I'm sure he would have got a very big sorry. If it were Tesco he would have got back £200. If they over charge you they refund you double. The money should be re-payed and he should be offered a 10% discount for the inconvenience of having to return to the store.
    Last edited by shadej; 16-07-2008 at 3:07 PM.
    • Taffybiker
    • By Taffybiker 16th Jul 08, 6:24 AM
    • 917 Posts
    • 499 Thanks
    Taffybiker
    • #6
    • 16th Jul 08, 6:24 AM
    • #6
    • 16th Jul 08, 6:24 AM
    The law is there mostly to protect the consumer. If the shop refused to pay back the difference they would be liable in court.
    If the shop had made the error of last week and undercharge, it would still be their fault for not running their business properly.
    Either way, the buyer wins.
    • Ebenezer_Screwj
    • By Ebenezer_Screwj 16th Jul 08, 7:32 AM
    • 420 Posts
    • 229 Thanks
    Ebenezer_Screwj
    • #7
    • 16th Jul 08, 7:32 AM
    Money Back
    • #7
    • 16th Jul 08, 7:32 AM
    Electronic tills linked to chip and pin devices do not "ring up" anything. The price is generated by a barcode which is obviously incorrect in this instance and of course the shop owner would put it right. What sane trader wouldn't ?
  • robertgauld
    • #8
    • 16th Jul 08, 8:33 AM
    • #8
    • 16th Jul 08, 8:33 AM
    Electronic tills linked to chip and pin devices do not "ring up" anything. The price is generated by a barcode which is obviously incorrect in this instance and of course the shop owner would put it right. What sane trader wouldn't ?
    Originally posted by Ebenezer_Screwj
    I think you may be 'suffering' from the common misconception that the bar code contains the price - it doesn't it is simply a number which the till system looks up in a database. Having worked in a small computer shop I can also add that it's likely they don't sell enough laptops to justify keeping them in the system (the cost/machine changes too frequently) so the till is likely to require the operator to enter the price.

    FWIW I would refund the money, from the point of view of customer care - keeping the customer and not having them bad mouth the company is likely to be worth more than £100 over a long enough period.
    • zebulon
    • By zebulon 16th Jul 08, 9:18 AM
    • 647 Posts
    • 777 Thanks
    zebulon
    • #9
    • 16th Jul 08, 9:18 AM
    • #9
    • 16th Jul 08, 9:18 AM
    i think I must be missing something in this story ... I don't see a dilemma!!!

    you got to a store, buy a computer (COMPUTER, we are not talking fruit and vegs) you are charged 499 instead of 399 ....
    I mean come on, you go back to the store and have to be given your money back!!! You have a receipt for 399 and are charge 499 on card (for which you have a different little receipt by the way...)
    What the hell is this question, I must be missing something.
    • pezza88
    • By pezza88 16th Jul 08, 9:24 AM
    • 28 Posts
    • 6 Thanks
    pezza88
    The dilemma is that when undercharged, people say to keep the money and when the shop is overpaid, they say to get your money back.

    Either you correct any mistake (for or against you) or you take the rough with the smooth. Anything else is hypocrisy pure and simple.
  • mummyhelen
    If the laptop was £499 and they'd mislabelled it at £399 then the shop is not legally obliged to sell it at £399. So I don't think they'd be obliged to give you the £100 back. However I think they would have to let you return the laptop and give you a full refund.

    From a customer service point of view though I would have thought major chains would give you the £100.
  • JohnnyBoy
    Legally, Arkwright is required to give him back the money. To withhold the money once he knows of the overcharge constitutes the mens rea required for theft.
    But seeing as it's GGGGGranville, he'll probably just cuff him round the ear...
  • BigMikeyG
    end of the day you were overcharged and so should get the money back but I'm sure in regards to the problem last week many people would be a bit hypocrictical and keep the money, so really they deserve to lose this time - (probably me included).
    • biff77
    • By biff77 16th Jul 08, 11:31 AM
    • 1 Posts
    • 0 Thanks
    biff77
    Arkwright has no choice
    I am not a lawyer, but my understanding of the law is that by overcharging Arkwright has committed a criminal offence (Fraud I think).

    If an article is displayed at £399 but when you get to the till the shop informs you it is £499, and you agree to pay £499 then no problem.

    Just because it is displayed at £399 doesn't mean the shopkeeper has to sell it you for that price. He can explain that it is a mistake and refuse to sell it to you at that price.

    However if it is not pointed out at the till that the price is different, and you are then overcharged then a crime has been committed.
  • andyL12
    The problem I think is that when you are asked to enter your pin number on the machine, it displays the price. so in effect, if you enter your pin number and dont notice the price, then it is your own fault. The same applies to anything, you dont sign an agreement without reading it first! This is the same you agree to the price by entering your pin number. I'm sure if it was the opposite way, the laptop was priced in store at £499 and sold for £399 he would be the angel and tell the assistant that it was too low NOT!!!! So its really his own fault. You dont read then dont complain.
    Last edited by andyL12; 16-07-2008 at 1:15 PM. Reason: Not quite finished
    • iviv
    • By iviv 16th Jul 08, 1:43 PM
    • 561 Posts
    • 269 Thanks
    iviv
    I am not a lawyer, but my understanding of the law is that by overcharging Arkwright has committed a criminal offence (Fraud I think).

    If an article is displayed at £399 but when you get to the till the shop informs you it is £499, and you agree to pay £499 then no problem.

    Just because it is displayed at £399 doesn't mean the shopkeeper has to sell it you for that price. He can explain that it is a mistake and refuse to sell it to you at that price.

    However if it is not pointed out at the till that the price is different, and you are then overcharged then a crime has been committed.
    Originally posted by biff77
    IANAL But I'm fairly sure that intent has to be involved somewhere. You have to have intended to take the extra money. If the price was entered in at £499 be accident, the till operator didn't know it wasn't supposed to be that much, and the customer put his PIN in.

    There is no crime.
  • stationaryace
    seeing as i said last week he should fess up and pay the full amount *or try to haggle a discount/extras* then i'll stick to this line of thought and say he should get his refund for overpayment. easy
    when the first cup of coffee tastes like washing up she knows she's losing it
    • Cloudane
    • By Cloudane 16th Jul 08, 3:10 PM
    • 499 Posts
    • 355 Thanks
    Cloudane
    Haha oh that is a great idea, putting the boot on the other foot.

    I would say it's the shop's responsibility to get the price right, as that's indirectly what they're being paid to do. So if it's wrong then they should bear the brunt whether they sold it too high or too low.

    It's not really black and white though, for example with last week's dilemma where you'd be more likely to be honest if the shop keeper was a single person trying to put food on the table, as opposed to some big multi-million-pound chain with huge profit margins.
  • iwant2keepmycash
    I think the shop is entitled to keep the money. The contract was made at the POS terminal.

    A price was agreed, even if by mistake, and the goods changed hands for consideration.

    I also think it would be good commercial practice to give Granville his hundred pounds back (as a re-credit to the card with which he paid)
  • debbsie
    I think the shop is entitled to keep the money. The contract was made at the POS terminal.

    A price was agreed, even if by mistake, and the goods changed hands for consideration.

    I also think it would be good commercial practice to give Granville his hundred pounds back (as a re-credit to the card with which he paid)
    Originally posted by iwant2keepmycash


    You've just said the shop should keep the money, then said they should give it back.

    Make your mind up!


    If this happened to me, and the shop was holding on to my money, they would be reported to the Trading Standards . . but it would serve me right buying a computer from a shop called 'Arkwrights', wouldn't it???
    . . . there's debt you have to pay, and debt you can get away with . . know the difference . . they can't hang you for it!!!
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