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Need some advice


marc_p

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Ok, about 3 weeks ago I purchased some new seats and harnesses at a show(I paid on card) I was told by the guy that he would ring me the next day to arrange delivery.

 

The next day came and he rang up as he said he would, but he said the seats will take at least 2 weeks for delivery, slightly annoyed about this, but I wasn't in a huge hurry for them so let it slide, anyway, I emailed him today as it has now been 3 weeks and no seats and he sent me back the following:

 

Right marc the seats are accpected in this week sometime one problem is that there has been a price incresase and what we sold them for wouldn't even cover the cost so if you would like them they will be a extra £50 charge or we can supply Other seats in the same colour same price please let me know.

 

Regards

Rich

 

 

Now correct me if I'm wrong but if I have paid for them(and have a receipt) they cannot go back and ask for more money can they?

 

I think I might just ask for a refund anyway to save any further hassle, but any advice would be nice.

 

Cheers

 

Marc

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Yeah. As said. You've paid at the agreed price and it's not your fault the supplier has put the price up. You could successfully argue the toss about this, especially seeing as this company's customer service seems a bit below par as it is...

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As tooley said, obviously it's not on, but you probably won't get far.

 

The chaps not going to sell them to you at a loss, so it's up to you to decide whether they are worht the extra or not.

 

Sounds like you've had hassle from the start with delivery times, maybe worth going elsewhere if you can get a good price.

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Has he charged your card? If not then (I think) he can put the price up.

 

Yes he has, he charged me on the day.

 

I have sent him an email saying he can either send me the seats at the original price that he is legally obliged to do so, or give me a refund.

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Offer

Acceptance

Consideration

 

All the above are present in your situation and furthermore are the necessary elements of forming a valid contract.

 

The vendor is legally obliged to provide you with the goods you paid for.

 

Good luck mate.

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he signed a contractual obligation to provide the seats , he cant alter the contract without both of yours agreeance , therefore hes breaking consumer law in not providing the goods ( basic theft ) and cant expect more payment

 

in other words give him a date to have the seats at your door otherwise you will require a full refund , no refund then credit card company/cops , its a simple enough case

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Guest Luke Hero

You only pay the original agreed price. I know its a totally different situation but it works teh same - i went into a store and bought a console game, the price was marked wrong on the box (lower) but they had to sell it me for that much because that is the advertised price, its policy. So yeah, put simply they cant charge more after. Just get a refund if they wont send em you for the price payed orginally mate.

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he signed a contractual obligation to provide the seats , he cant alter the contract without both of yours agreeance , therefore hes breaking consumer law in not providing the goods ( basic theft ) and cant expect more payment

 

in other words give him a date to have the seats at your door otherwise you will require a full refund , no refund then credit card company/cops , its a simple enough case

 

Agreeance?

 

Its not basic theft at all, theft is a criminal act. This is a civil case in contract law. The cops will have no interest in this.

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You only pay the original agreed price. I know its a totally different situation but it works teh same - i went into a store and bought a console game, the price was marked wrong on the box (lower) but they had to sell it me for that much because that is the advertised price, its policy. So yeah, put simply they cant charge more after. Just get a refund if they wont send em you for the price payed orginally mate.

 

Again, that would only be the case if you had already paid the advertised price, then for example the manager collared you as you left. Prior to that if you take an item to the till and the till-being tells you the price should be more, they can refuse to serve you at the advertised price. I think they have to remove the goods and signs from the shelves as well, but that's by-the-by. The price sign is an Invitation to Treat only, you make the offer when you present the money at the till.

 

If it happened as you describe, and I've no reason to assume it didn't then the till-atron didn't really understand the law.

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Guest Luke Hero
Again, that would only be the case if you had already paid the advertised price, then for example the manager collared you as you left. Prior to that if you take an item to the till and the till-being tells you the price should be more, they can refuse to serve you at the advertised price. I think they have to remove the goods and signs from the shelves as well, but that's by-the-by. The price sign is an Invitation to Treat only, you make the offer when you present the money at the till.

 

If it happened as you describe, and I've no reason to assume it didn't then the till-atron didn't really understand the law.

 

Good result for me then haha.

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Seats at original price or refund, end of..... I wouldnt buy anything like this that I wasnt taking home with me at the time of sale or I bought off a reputable online retailer. If he was a decent trader he would honour the sale he made. I can see this being dragged out.... good luck

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Agreeance?

 

Its not basic theft at all, theft is a criminal act. This is a civil case in contract law. The cops will have no interest in this.

 

must you try to pick holes ? nothing in your statement helps the op

 

 

Definition of agreeance :.

 

(ə-grē-əns)

 

1.

 

1. (n.) The state of agreement; when two or more people possess the same opinions or ideas.

 

yes its contractual law and no it friggin isnt in the eyes of the credit card company , yes its a civil case regarding the op and no its criminal regarding the credit card company

 

petty and unhelpfull

 

as i already posted , there was a contract drawn between the 2 parties , one of the parties decided to change the agreeance , due to the time frame agreed upon the contract was becoming untenable ( unmaintainable ) and this would be a clear breach of the agreement you both had , in other words you do not have to proceed with buying them and have full rights to seek to recover the funds , however as a credit card was used then this alters the dynamics as a credit card offers protection under 75 of the consumer credit act which means the credit card has an obligation to yourself to get you the goods as discribed or give a refund , long story short , contact the seller , tel him no , deliver or else and give him 7 days notice , then contact the credit card provider who will recover funds or refund

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D to the P.

 

Here's that definition in full...

 

agreeance

 

1530s, from O.Fr. agréance, noun of action from agréer (see agree).

 

Main Entry: agreeance

Part of Speech: n

Definition: the act of agreeing

Example: Usage of the site constitutes agreeance with these terms.

Usage: considered obsolete and a bastardization of 'agreement'

 

agreeance was not found in the Cambridge Learner's Dictionary

 

Sorry, there were no results for your search.

That last one was the OED, no less.
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marc_p, as others have said, you shouldn't pay any more. The supplier must keep to the original price, or give you a full refund. If they're unwilling to do either, get your credit card company involved (assuming you used a credit card and not a debit card). I would get the ball rolling quickly, don't let the repayment for this leave your current account without speaking to the CC issuer.

 

This seems pretty clear-cut to me and I don't think you'll have much problem getting your card issuer on your side.

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