Sold for the wrong price and the difference was just taken

[hartge bmw]

hi i think this is in the right place?

I brought a tool kit consisting of 6 power tools from a tool shop he then printed me out a recpt fot £621 he then went to the chip n pin and enterd £321 he asked me to chek the amount and enter my pin to witch i did so he has sold the kit to me for the wrong price am i within my rights to not pay the extra do to it being ther mistake, i have just receved my credit card statment and the shop has now charged me an additional £300 without my knolage or me agreeing to pay the diffrence is this fraud , i would have been willing to pay the diffrence if they had called me and told me there error but as they have just removed the money it has got my goat any advice or legal stuff would me most greatfull .
-Dan-

[WendyB]

Re: sold for the wron price and the diffrence was just tacken

Not sure, but wasn't it technically your fault as you knew of the mistake and knew he was charging you the wrong price but didn't point it out?

[MIKE770]

Re: sold for the wron price and the diffrence was just tacken

Not sure, but wasn't it technically your fault as you knew of the mistake and knew he was charging you the wrong price but didn't point it out?

Since you knew the price was in correct you could in view committed an offence of deceit, whereby it could be said that you should of brought it to the assistants attention, but as for them taking the difference should of not gone through due to not being pinned in by you, so how did they do it??? Interesting situation.

[charitynjw]

Re: sold for the wron price and the diffrence was just tacken

If this had been a question in a law exam (junior level for me, of course lol), I would be looking at 2 issues.
First, in contract law, what were the 'intentions' of the parties, and is there an honest issue of 'mistake', which could negative or nullify the contract.
Second, if a mistake has been made, how can the vendor lawfully recover the difference in price? - I suspect that they have not made a wise decision as the buyer has not authorized the disputed sum.
Are the goods now 'used'?
I'm sure that the wiser heads on here will have answers.

[Amy]

Re: Sold for the wrong price and the difference was just taken

You should have a read of this thread and in particular, post #2 should provide you with the information you require Sold at wrong price???? - Legal Beagles

[righty]

Re: Sold for the wrong price and the difference was just taken

hi i think this is in the right place?

I brought a tool kit consisting of 6 power tools from a tool shop he then printed me out a recpt fot £621 he then went to the chip n pin and enterd £321 he asked me to chek the amount and enter my pin to witch i did so he has sold the kit to me for the wrong price am i within my rights to not pay the extra do to it being ther mistake, i have just receved my credit card statment and the shop has now charged me an additional £300 without my knolage or me agreeing to pay the diffrence is this fraud , i would have been willing to pay the diffrence if they had called me and told me there error but as they have just removed the money it has got my goat any advice or legal stuff would me most greatfull .
-Dan-

I'm not sure what your problem is unless your just peed off because they didn't ask before taking the correct amount. Either way you got the goods & paid (eventually) the correct price. Also you were asked to check the price BEFORE signing & failed to disclose what you knew was an incorrect price. I'm sorry but I suggest if anyone has a compliant its the shop as you tried to take advantage of their mistake. I doubt a court will ever support your position