25 replies to this topic

[weloveyouwakefield2]

We ordered two beds at the weekend, the salesman wrote out the bill for them and added up the cost of them at £100 less than it should have been..(£299 + £248 he said was £447) which he wrote down and I paid by debit card the amount he said, it wasnt until we got home did we realise what he had done. He has now rung back and left a message on the answermachine saying there is a problem with the order. Do I have to pay the £100 legally? it seems to me if you cant add 2+2 you deserve all you get !! but then again the beds have to be delivered when in stock, so they hold all the cards or beds it would seem... Anyone got a clue? cheers

[JohnM]

Think of it this way: If you were selling the two beds and you'd made the mistake, what would you do?

[Bob8]

We ordered two beds at the weekend, the salesman wrote out the bill for them and added up the cost of them at £100 less than it should have been..(£299 + £248 he said was £447) which he wrote down and I paid by debit card the amount he said, it wasnt until we got home did we realise what he had done. He has now rung back and left a message on the answermachine saying there is a problem with the order. Do I have to pay the £100 legally? it seems to me if you cant add 2+2 you deserve all you get !! but then again the beds have to be delivered when in stock, so they hold all the cards or beds it would seem... Anyone got a clue? cheers

As it was a clear oversight and it does not appear he mislead you as to the cost (i.e. you knew the cost of the items was £299 and £248, I believe that you legally have to pay.

Morally, you certainly should pay. We all make stupid mistakes occasionally.

[Number 16]

Beds?

In Wakefield?

Is there a local shortage of straw?

[stimpo-and-kat]

You don't have to pay.

[goldcard]

If the shop employs someone that bad at maths, it's their loss.
You were given the bill in good faith, paid it (you might not have been any better at maths yourself), they deliver the beds and take the hit.
Their error, their cost.

[Bob8]

If you see two beds and their price and ask for both, then the error is still payable.

If you asked what the cost of two beds was and they make a mistake, that is a different matter.

If a mistake is obvious, then you still owe the obvious.

It does not seem there is anyone here actually has a good handle on the law in question.

[ckn]

If you see two beds and their price and ask for both, then the error is still payable.

If you asked what the cost of two beds was and they make a mistake, that is a different matter.

If a mistake is obvious, then you still owe the obvious.

It does not seem there is anyone here actually has a good handle on the law in question.

The law is essentially around good faith. If you were undercharged accidentally and you know it then you have a duty to make up the difference, same if you were overcharged they have a duty to refund.

If the prices were wrong, e.g. one bed was £100 underpriced, and you were undercharged then that's their fault and they have to live with it.

Also, morally it should be paid. On smaller things have people lost their job.

[Bob8]

The law is essentially around good faith. If you were undercharged accidentally and you know it then you have a duty to make up the difference, same if you were overcharged they have a duty to refund.

If the prices were wrong, e.g. one bed was £100 underpriced, and you were undercharged then that's their fault and they have to live with it.

Also, morally it should be paid. On smaller things have people lost their job.

I bought my monthly pass in Copenhagen and he charged me DKK74.00. It should have been DKK740.00. I caught up with him a few days later and explained the error, and he assured me that only an Englishman would have done such a thing. It was worth the money.

[Severus]

You don't have to pay.

But he should.

[nadera78]

Lawyer girlfriend just emailed me this response;

Boiling down to simple contractual principles, when the dude paid for the item the contract was completed.

As to them potentially not delivering the beds, under the Sale of Goods Act I think you can demand a refund if goods aren't delivered but that doesn't help the guy much.


she also included this extract from Money Saving Expert:

"First let's look at a genuine mistake, for instance a £50 jacket racked up in a long line of other coats all at £500, you have to accept the shop's error. Though if it does accept money and later says that was in error, the contract's made and it's yours (this isn't quite the same for internet purchases though)."



So you don't have to pay, but you might feel better if you did. But don't let anyone guilt trip you into doing it.

[Bob8]

Lawyer girlfriend just emailed me this response;

Boiling down to simple contractual principles, when the dude paid for the item the contract was completed.

As to them potentially not delivering the beds, under the Sale of Goods Act I think you can demand a refund if goods aren't delivered but that doesn't help the guy much.


she also included this extract from Money Saving Expert:

"First let's look at a genuine mistake, for instance a £50 jacket racked up in a long line of other coats all at £500, you have to accept the shop's error. Though if it does accept money and later says that was in error, the contract's made and it's yours (this isn't quite the same for internet purchases though)."



So you don't have to pay, but you might feel better if you did. But don't let anyone guilt trip you into doing it.

I stand corrected.

[markleeds]

If you want to have good Karma get it paid or donate the difference to charity. I always make a point of pointing out mistakes as I don't want the guilt of getting someone into trouble.

[JohnM]

Does the old term " E and OE excepted" come into play?

[sam]

i've been in many shops over the years that have signs that say, 'please check your change immediately as mistakes cannot later be rectified'. seems like it's this but on a larger scale.

[weloveyouwakefield2]

i've been in many shops over the years that have signs that say, 'please check your change immediately as mistakes cannot later be rectified'. seems like it's this but on a larger scale.

Exactly, one rule for the shop, one rule for the customers?

[Severus]

Exactly, one rule for the shop, one rule for the customers?

Its a bit different comparing a mistake of £100 to a few coins. Also in your case it is easy to validate the mistake, when dealing with coins and cash. If I was you I don't think I would be able to walk away and not point out their mistake. As Craig said, people can lose their jobs over this sort of thing.

[Kenilworth Tiger]

Also - if you don;t pay up won't he just not process the order so you won't get your goods anyway?

[Bob8]

Its a bit different comparing a mistake of £100 to a few coins. Also in your case it is easy to validate the mistake, when dealing with coins and cash. If I was you I don't think I would be able to walk away and not point out their mistake. As Craig said, people can lose their jobs over this sort of thing.

Indeed, if the shop were knowingly short changing people, it would be theft.

[Millman]

At that price they're only fit for burning.