PhilsGT4

I have ordered an induction kit for my car from a company (who for the time being will remain un-named). I rang up and asked for a price, was rang back with a price after confirming with the supplier. Agreed on price and gave Debit Card details over the phone. Money goes out of my bank account for said amount. Manager of the shop then rings me back saying that he has the product but will not supply it as I was quoted the wrong price. He will either refund what I have paid or I must pay the difference.

As the shop has taken the money haven't they enetered into a contract and so cannot back out???

Thanks

Luke

Take the refund and burn his shop down.


he should have bollocked the member of staff and sent you the stuff. keeping his reputation.

fast bloke

Unfortunately he is within his rights to offer you a full refund

Luke

But a few calls to the named shop with false orders

"Now are you sure thats the price??? Ive read on scoobynet that you like to change them"



might help him get his companies act together.

PhilsGT4

Oh well...

Hobo_Jojo

im pretty sure once money has changed hands it has entered contract.

could u imagine shoppin at tescos then receivin a call sayin they charged u the wrong amount for a lettuce n want the difference?

PhilsGT4

Thats what I thought - by taking the money he has agreed to the price and entered into the contract.

Hobo_Jojo

surely its like when in a shop if they price somat wrong they have to sell it u for the price attached to the item

RichWalk

If the shops got any rep to keep & hes not lossing 100's of pounds , he should stick to the verbal quote. There are civil cases of law u can pursue, but not usually worth the hastle. Basically its down to policy of the shop in line with trading standards, ie he can always refuse to supply the part/say hes nil stock & then say the price has increased on re-supply.. this is in contrast to my Sisters Rover service centre, where phone quotes are nearly always adhered to unless something of large expense is needed to be fixed.
Word of mouth is very powerfull, tell everyone in your area the shops unprofessional... wasnt Auto***p was it?

andrewdelvard

If I was you, rather than not get anything at all except your money back, why not ask him for a discount for your trouble?

PhilsGT4

The shop is actually a relatively well known shop in Warrington.

Mice_Elf

If they have discovered that they quoted you an incorrect price they are under absolutely no obligation to sell it to you for that price.

At the manager's discretion they MIGHT sell it to you at the agreed price, but under English law all they are legally required to do is offer you the full refund, which he has done...

Hobo_Jojo

poop should be a new law! my law! and by this law i will rule the wooooooooooooooooooooorld *evil cackle*

what shop is it? i think u should tell everyon that there poop!

go on who is it?

Luke

Was it a K&N kit...?? warrington been where the distributors are based.

PhilsGT4

It was a K&N.

Chrisgr31

At what point does an invitation to treat become a contract? Why isn't the contract made at the point where you pay for the goods?

I know that if I see a Scooby on sale on the shelf of a supermarket for £1 that is merely an invitation to treat. I get to the till and offer my £1 and the supermarket can accept my offer or reject it. If they accept it I get my Scooby for £1, if they reject it and tell me they want £20,000 I have to decide whetehr to pay £20,000 or walk out Scooby less. Seem to recall the case involved a chemist (Boots?)

So in this case has not the purchaser offeed to pay £x and the retailer accepted £x? So why is there no contract? Or is the arguement that the shop gave an estimate rather than a quotation?

Seem to recall its because builders, garages etc give you an estimate not a quotation that they can charge you twice as much on completion.

Luke

Seem to recall its because builders, garages etc give you an estimate not a quotation that they can charge you twice as much on completion.



One of the best bits of advice to ever remember.

Should you accept a estimate .only sign etc when tyou have written that any further costs must be approved by you.

PhilsGT4

But this was not a quotation, it was a sale.

Luke

Phil

it wasnt!!! thats the problem...

carl

But surely it was a sale. The money has been taken.
Or is it because the goods weren't shipped, 'completing' the sale?

Dazza01

Post the number of the shop then we can all give em a call and check what price he's selling them at, then we can abuse him by saying "u sold one to Phil for ??"

PhilsGT4

So should I name the shop???

fatherpierre

Oh yes

Luke

wa sit a shop or a large mail order company

it wasnt the MX5 lads was it??

PhilsGT4

DP Motorsport - www.dpmotorsport.com

PhilsGT4

And (01925) 445 446....


Yes thats the ones!

Luke

D P Motorsport
Unit 22/Bank Quay Trading Est/Slutchers La Warrington, WA1 1PJ tel:01925 445174

these people?????

[Edited by Luke - 9/11/2003 2:35:27 PM]