Can they/Should they do this?

ColonelCage · 15 Feb 2011 at 16:19

I have just received an email from an online retailer informing me that on two occasions that I ordered products from them, that I was undercharged. This amounts to about £40 in total. The problem is this took place over 14 months ago! I have yet to find and check all the receipts and bank statements, but I think this is a disgrace. They say that in two days they will be charging this to my card. What do you all think of this? :mad:

ColonelCage · 15 Feb 2011 at 16:20

I know there is some policy about naming competitors in the forums so I'll leave out the name for the moment, it was certainly NOT OCUK, and for the record the items aren't something I could have ordered from them.

Theophany · 15 Feb 2011 at 16:21

I would imagine there is only a limited window within which they can sting you - 14 months seems a bit slow...

Going to Cali · 15 Feb 2011 at 16:21

I think so, when you make a purchase you agree to pay the amount, it's a contract.

zootfloot · 15 Feb 2011 at 16:22

Tell your bank to block the transaction?

isnt it illegal for them to do this after a certain amount of time....also they should not still have your card details on record after 14 months.

SiriusB · 15 Feb 2011 at 16:22

As above, I am sure that if they sold you an item at a particular price then tough. The people more familiar with the SOGA can probably confirm.

DJMK4 · 15 Feb 2011 at 16:22

If that happened to me, and they then realised after 14 months, id be fuming, its an error on their part, and 14 months is well over the time they should have realised their mistake.

I would kick up a big fuss as it wasnt your fault they didn't take the proper amount, you could just say that you didn't check your statement when you made the purchase when you bought said item/service, as to be honest, you should not have to check every individual amount that comes out your back, as it should in theory be trusted.

If they did take the wrong amount, then should have contacted you a lot sooner.

tom_e · 15 Feb 2011 at 16:27

As far as I'm aware the contract was completed when they shipped the goods they can't then turn around and change their mind about the price they charged.

ColonelCage · 15 Feb 2011 at 16:30

Yeah 2009, what are they thinking? and you know I probably wasn't the only one that got this email, it's on two separate orders, it can't just be me. Surely they have to realise that, if they do this, myself and these other people will never order from them again!

Bumhug · 15 Feb 2011 at 16:32

Hmmm, what if you dont agree to the new price, technically if they want to take the money from you then it should work both ways and you can send the products back for a full refund. Very possible that what you bought is now cheaper so could just buy same thing back from them at a cheaper price

ColonelCage · 15 Feb 2011 at 16:34

zootfloot said:
Tell your bank to block the transaction?

isnt it illegal for them to do this after a certain amount of time....also they should not still have your card details on record after 14 months.

I'd really like to know the answer to this question. You'd be tempted to presume they know and check the legal details, but after this I think they're idiots! I also am not impressed that they still have my card details, how long should they be keeping these?

J4K3 M · 15 Feb 2011 at 16:35

They cant do this. If they do try to charge you phone trading standards up and tell them the story. They have to sell you at the price they advertised it at otherwise its known as false advertising. Studied this in college last year!

Meridian · 15 Feb 2011 at 16:39

J4K3 M said:
They cant do this. If they do try to charge you phone trading standards up and tell them the story. They have to sell you at the price they advertised it at otherwise its known as false advertising.

No they don't - you need a new lecturer. They can back out of the implied contract at any point up until they have both a) taken the money, and b) shipped the goods. At that point the contract is complete and the price agreed. They cannot then change their minds.

M

ColonelCage · 15 Feb 2011 at 16:39

Bumhug said:
Hmmm, what if you dont agree to the new price, technically if they want to take the money from you then it should work both ways and you can send the products back for a full refund. Very possible that what you bought is now cheaper so could just buy same thing back from them at a cheaper price

This I like! The problem and probably why they think they can do this is, I agreed to pay the price, they just put the wrong amount on the card.

Banzai_Joe · 15 Feb 2011 at 16:41

What if you'd changed your card? for say it was stolen, so the bank issues a new one with a different card number. Just get the bank to block it then fight it.
Their mistake, make them pay for it.

ojrules · 15 Feb 2011 at 16:41

contact trading standards anyways, and ask for advice, and tell the retailer you're speaking to trading standards about this....

Participant · 15 Feb 2011 at 16:42

Does the perp have an online forum also? Plaster it over that, they'll soon back down.

daz · 15 Feb 2011 at 16:45

What does your invoice say? Did they charge your card less than the invoice?

paulh · 15 Feb 2011 at 16:46

zootfloot said:
snip....also they should not still have your card details on record after 14 months.

We keep detail of all transactions for 2 years. cards, cash everything.

Card numbers etc are on the card receipts.

pepp77 · 15 Feb 2011 at 16:48

Did you happen to use a voucher for said purchase form a previously large catalogue shop?

If not tell them to go bugger as the contract was completed when they took the original money and sent you the item.