After paying a deposit, they up the price

padocon

Just a query regarding paying a deposit

-A rep. in store gives me a price for a laptop of 500 euro, tells me it wont be in stock for a week.
-They ask for a deposit in order to hold the laptop for me, when it arrives.
-So I pay the deposit agreed of 100euro
-The store calls me to say my laptop has come in.
I go into the store. They say I have to pay an extra 100euro. So the price for the laptop has gone from 500euro up to 600euro, despite the fact that we had agreed on a price of 500 euro.
-The store refuse to give me the laptop for the agreed price.
-Got no where with the manager ether.

I had agreed the price, surely they can not change it after I have partially paid for the laptop.
Can they do this? What are my rights? What can I do?

smelltheglove

I wouldnt know what to quote but as far as I recall you only pay the price you have deposited on, i.e. you have agreed to purchase and by taking a deposit they have accepted 'your offer' to buy at 500. Do you have it in writing at all?

padocon

smelltheglove wrote: »

I wouldnt know what to quote but as far as I recall you only pay the price you have deposited on, i.e. you have agreed to purchase and by taking a deposit they have accepted 'your offer' to buy at 500. Do you have it in writing at all?

Yes have written proof of deposit and the balance to be paid. So yes I do.
Do you know what to do next?

DublinWriter

padocon wrote: »

Yes have written proof of deposit and the balance to be paid. So yes I do.
Do you know what to do next?

Small Claims court maybe?

Jev/N

Yep, you have a written contract or at least an oral contract evidenced in writing so you should have no issues.

Merch

padocon wrote: »

Just a query regarding paying a deposit

-A rep. in store gives me a price for a laptop of 500 euro, tells me it wont be in stock for a week.
-They ask for a deposit in order to hold the laptop for me, when it arrives.
-So I pay the deposit agreed of 100euro
-The store calls me to say my laptop has come in.
I go into the store. They say I have to pay an extra 100euro. So the price for the laptop has gone from 500euro up to 600euro, despite the fact that we had agreed on a price of 500 euro.
-The store refuse to give me the laptop for the agreed price.
-Got no where with the manager ether.

I had agreed the price, surely they can not change it after I have partially paid for the laptop.
Can they do this? What are my rights? What can I do?

is that the laptop shop by any chance? Dundrum?

dudara

You paid a deposit based on a purchase price of €500. By altering the price to €600, they have negated the terms of that deposit and they must refund it to you if you do not wish to purchase at the higher price.

Merch

Did the price of the laptop go up in that time or did they make a mistake?

How did they explain the increase?

Im not sure if an invitation to treat is affected if you pay a deposit off the agreed price?? anyone?

Have you asked or they offered you the deposit back?

How about you tell them you want your 100 back and they shove the laptop up their ho*e

Actually I wouldn't say that be polite but firm with them

padocon

Merch wrote: »

Did the price of the laptop go up in that time or did they make a mistake?

They claim it was a mistake, but I spoke to the sales rep on 2 different days and was quoted the same price.

Merch wrote: »

How did they explain the increase?

They claim it was a mistake and that the price was displayed in store at 600 euro. I did not see this when paying the deposit. The rep agreed 500euro.

Merch wrote: »

Im not sure if an invitation to treat is affected if you pay a deposit off the agreed price?? anyone?

No idea what that means. Anyone?

Merch wrote: »

Have you asked or they offered you the deposit back?

Yes, but I refused it. I want what was originally agreed.

Merch wrote: »

How about you tell them you want your 100 back and they shove the laptop up their ho*e

Actually I wouldn't say that be polite but firm with them

I am not saying that. I am going to be polite.

is that the laptop shop by any chance? Dundrum?

No

dudara wrote: »

You paid a deposit based on a purchase price of €500. By altering the price to €600, they have negated the terms of that deposit and they must refund it to you if you do not wish to purchase at the higher price.

They offered the deposit back but I want what was agreed.


Thanks for the replies so far everyone. What to do next?

dudara

padocon wrote: »

Yes, but I refused it. I want what was originally agreed.

If the price was an error, then they can refuse to sell to you at a lower price. I think that essentially this comes under the terms of "Invitiation to Treat". Essentially, I don't think that you can force them to sell to you at the lower price.

Merch

padocon wrote: »

Im not sure if an invitation to treat is affected if you pay a deposit off the agreed price?? anyone?

No idea what that means. Anyone?

Invitation to treat is, an offer to sell
That means if a shop offers something (anything) for the incorrect price, lets say they label a teapot for 25 but its actually 50, if you think this is a bargain and decide to buy, they can refuse to sell at the mistaken price if they realise it is the incorrect price.

In your case though you have paid a deposit and have a receipt of the deposit off the full price? yes? do you have a receipt of 100 off fullprice of 500?, if so in that case I'd say you may have a case with consumer association??/rights
If you have paid 100 off fullprice of 500 euro in writing then you may have a case but I cant say for sure, personally I'd take my deposit and stuff them, but you may have a case really.
You would need to follow that up with who ever does consumer rights 9to get the exact information)
Id say it would be less hassle to take the money but I would look into (maybe report them anyway)in case they are doing the whole getting the deposit then up-ing the price to scam customers

Merch

So, do you have a receipt of the deposit? or a receipt of the deposit from a total of 500 euro

If you have the latter I'd say you have a contract
Id say if you have the former then you have a case as they have accepted an offer (your deposit) off the price of 500

and have told you afterwards the price is 600

If they said the price is 600 when you were paying the deposit, I personally would consider that the time for them to correct their error not after

I'd say you need to talk to an expert, consumer association or whoever does that thing but it seems that you have made an offer and they accepted already (to me)

The more I look at this the more I think they are trying to revoke an offer they accepted already

even if they have made an error, Id say they are now obligate to sell it to you at the 500 (but you should confirm with someone more expert than me)


Tell them invitation to treat doesnt apply as they accepted your offer, but confirm as per the last paragraph

the thing is will it be worth the hassle? If you think they are scamming customers with this lark, then yes
but if it is a genuine mistake, tell them to take the hit, their mistake

Merch

Looking at this again, I thing even if they have made an error and they are trying to revoke a contract,

The contract was their acceptance of your 100 euro deposit off the original price, even if you dont have it in writing

In writing would help, but how else would they explain the dissagreement between you and them.

Joey the lips

My understanding of all this is once you pay a deposit it is contract...

ie they must supply at the agreed price...Equally if you fail to buy it they have the right to sue you for the amount.

If you have a receipt and they quote the amount etc then they must supply the item at that price. Invitation to treat does not come into it.

Tell them that you want the item at the agree price or you will buy the item somewhere else and come back to them from the small claims court looking for the amount you deposited as well as any additional price you paid elswhere...

padocon

What I have is a receipt stating 100euro deposit paid. It says Balance 400euro and the spec of the laptop is listed. I have contacted consumer connect and they have said it is a "breach of contract" as the store are not for filling their side of the agreement. They said I would need to get legal advise.

Is it worth the hassle. Yes. The small claims court makes it as easy as possible for the consumer to state their point. So I think it is.

Merch and Joey the lips, I think you have hit the nail on the head. That is something along the lines of what Consumer Connect said. The bother is trying to explain that to sales reps and managers that simply do not agree.

I think I will call the shop owner tomorrow and explain the situation to them. It is possible that the reps have communicated the wrong story.

Another thing is will the judge in a Small Claims Court rule in my favor?

padocon

Oh and their excuse for this is human error, they say the rep. gave the wrong price.

Jev/N

Tough shít to them, that was the price legitimately agreed on by both parties and the fact that it's written down only furthers that fact. They could argue a unilateral mistake but I can't see that holding up as the terms of the contract are clearly set out and that cannot be disputed

padocon

This is what I originally thought, they have to honor their side of the bargain. Now I know it true. Is there any law this all falls under?

Joey the lips

padocon wrote: »

This is what I originally thought, they have to honor their side of the bargain. Now I know it true. Is there any law this all falls under?

Yes... If they dont honor the sale tell them that you will be bringing them to the small claims court under the sale of good supply of services act. If they still refuse write them a letter and send it by registered post telling them they have 7 days to honour the agreement or you will be looking for remedies as mentioned above.

jor el

padocon wrote: »

Another thing is will the judge in a Small Claims Court rule in my favor?

It would seem very likely, since you have a written receipt from the shop, so you are in a very strong position. However, I'm not sure that the SCC will actually force the shop to sell you the laptop at the agreed price. They normally just intercede when trying to get your money back. If that's the case, they can only make the shop refund your deposit (pointless, as the shop has already offered to do this). Maybe I'm wrong, but I don't know.

You could do as Joey the lips suggested, give them a few days to comply and threaten SCC action. This may be enough to get them to honour the deal, as they may not know themselves whether they'd win or lose.

Kristopherus

In the small claims court, 90% of cases never get to a Judge. What happens is you make a claim and present it to your local court registrar. S/He will quickly indicate whether you have a case or not. The fee is only €15. You can get full info on how to make a claim at www.citizensinformation.ie

ch750536

Based on the above you have a contract, they have the goods, there is no reason not to supply you. Invitation to treat was accepted by both parties.

I would push on with small claims if you like, though that will cost a little of the €100 you are looking to save.

Perhaps just tell them verbally the above, that a contract exists between you & them and you expect them to honour that contract. If they decline, let them know small claims will be in touch.

Boggles

You couldn't have a more concrete case.

You have a contract in writing accepted by both parties.

Do you really want to give these cowboys another 400 quid though, personally would get me 100 quid back and shop elsewhere.

keithclancy

Once you handed over cash there was a contract in place.

The same is true that your deposit is non refundable if you didnt complete the contract.

Works both ways.

hshortt

Getting the case through the small claims courts is a good and proper way to deal with it. But remember all the time, that each day that passes reduces the price of the laptop. What is a 500 euro laptop today won't be that in a month and half.

padocon

Getting no where with any managers. Now I am wondering is it worth going to the small claims for 100euro. It sound like hassle.

robo

Seeing all the other comments on this thread, I would suggest the you go for it with small claims court and please let us know how you get on!
You won't lose your €100 and it only costs €15, so go for it and best of luck!

Joey the lips

padocon wrote: »

Getting no where with any managers. Now I am wondering is it worth going to the small claims for 100euro. It sound like hassle.

Please dont be so foolish. Thats what they are hopeing you will do,

If you dont need the 100 euro then donate it to charity. But standing up for your rights is important and more important is the 100 euro

Boggles

Joey the lips wrote: »

Please dont be so foolish. Thats what they are hopeing you will do,

If you dont need the 100 euro then donate it to charity. But standing up for your rights is important and more important is the 100 euro

I think he is talking about the 100 euro difference in the laptop.

Not his 100 euro deposit which I presume he is getting fully reimbursed for.

padocon

What I was saying was it worth going, should I just pay the 600euro else where. But since then I have decided I am going to SCC.

Merch

padocon wrote: »

What I was saying was it worth going, should I just pay the 600euro else where. But since then I have decided I am going to SCC.

Whatever you do is your decision but it would be a shame not to put them right, I hate when places don't know their own business, they'd probably happily keep your deposit if you backed out of the purchase.

What I would suggest is take it to small claims, wether that can then be enforced or not is another thing.
I would certainly not pay them 600 or give them any business,
I wonder can a mod clarify if this shop can be named , named and shamed for their shoddy behaviour, they should have bitten the bullet and accepted their own error as a gesture to the customer.

Joey the lips

Boggles wrote: »

I think he is talking about the 100 euro difference in the laptop.

Not his 100 euro deposit which I presume he is getting fully reimbursed for.

Mea Culpa...I see that now...

rainyrun

after reading through all these threads I am mystified that you would even considergiving these jokers your business:eek: When you are buying any "techie" items the after sales service is very important.. and if this is how you are being treated BEFORE you buy the product!! How on earth do you think they will treat you if you develop a problem with the product.
Take your deposit back and go and get your laptop somewhere else.. and report these cowboys to the trading standards!!

padocon

I won't be naming any shop. I will be doing my business else where in future. That is for sure.

Am I right to say that even of the shop had the price displayed as 600 (which I did not see) I still have a case as we agreed a price?

Jev/N

padocon wrote: »

Am I right to say that even of the shop had the price displayed as 600 (which I did not see) I still have a case as we agreed a price?

Yep, doesn't matter what was displayed.

As long as you and the sales assistant were clear (ad idem as to the terms of the contract i.e. price, specs etc., then there is no issue.

padocon

It was clear I even have it in writing.

keithclancy

padocon wrote: »

It was clear I even have it in writing.

Again, If you have this is writing and you paid a deposit this is a binding contract.

i.e.
they provided a quote
you accepted
you handed over cash
deal done.

This is basic basic stuff, they are just chancing their arm.

Options you have available since the terms of the contract have changed:

1. Full refund of your deposit.
2. Completion of the agreement under the original terms.

It doesn't matter if its 100 euro, 10 euro or 1000 euros, the rules are the same.

I'd say just get your deposit back and go elsewhere, lots of choice around.

padocon

Just like to thank everyone for the help, will keep yee posted.

Just another query on the Small Claims Cort form it says "amount of claim" but I don't have an amount to claim. What to do? Do they handle this issue?

Joey the lips

padocon wrote: »

Just like to thank everyone for the help, will keep yee posted.

Just another query on the Small Claims Cort form it says "amount of claim" but I don't have an amount to claim. What to do? Do they handle this issue?

Yes you do...

Your either claiming..

1. Your deposit

2. The difference between the price quoted and the next model you can find.

padocon

Can I say: I want what was originally agreed?

Joey the lips

padocon wrote: »

Can I say: I want what was originally agreed?

Yip...You can say that you are claiming for breach of contract for the amount of xx or the computer

padocon

Thanks!

djk1000

Just a small point, don't negotiate with them for a compromise or for a different computer, that would be a counter offer by you which would void the original contract. To form a legal contract there has to be, at its most basic, an offer, acceptance and consideration. The fact that a rep made a mistake is not your problem, the rep was acting as an agent of the shop and was empowered to enter into sales contracts on their behalf, which he did.

Consideration is exchanging something of value (in this case, your deposit) that is what sets a promise(which is breakable) apart from a contract. You definitely have a contract here.

Have a go with the small claims court, but I think that a contract dispute may not be within their jurisdiction. That means that the court cannot insist on specific performance (forcing the shop to supply the goods) they can only make a cash award. In your case, that could be the €100 difference between €500 and €600 and the return of your deposit.

padocon

djk1000 wrote: »

that could be the €100 difference between €500 and €600 and the return of your deposit.

Good idea, thanks.

padocon

that could be the €100 difference between €500 and €600 and the return of your deposit.

Could this be classed as a counter offer?