Legal ish question

D

Dave1971

Active member
Last week I got some new tyres fitted at the local place. They have just rang me and said they made a mistake on the invoice and have only charged me for 3 of the 4 tyres and said would I mind popping down and paying for the other one.

My Question is do I have to pay them or is it tuff luck on there part?
 
I think you have to pay up. They have supplied you with the goods. check what is written on the invoice and what you agreed when you made the enquiry.
 
Well from a moral point of view I would say pay them but I don't think they would stand much chance legally. In any event to go to small claims court would cost them more than the tyre is worth. Thats my view , however I am no legal expert.
 
You have 4 tyres, they want paying for 4 tyres. Doesn't seem unreasonable especailly if you ever want to go back there and not get your car keyed!

That said it's a bit dumb on their part and a bit of inconvenience on theirs so why not ask for a bit of a discount on the 4th tyre...sometimes a bit of mutual good will can be worth more than a few £££??

(Fully accepting the average Zed tyre is more than a 'few' ££!)
 
not sure.

i once went to one of those running shops where they put you on a treadmill to assess the suitability of each shoe for your needs.

the cheesy geezer selling repeatedly refused to tell me which shoe was more expensive out of 2 i really couldn't tell between (ie i would've just gone for the cheapest), as he said their policy was to sell you the most suitable shoe, not the cheapest (i couldn't fathom this, as assuming no budget you'll probably think the more expensive is the best, everyone has a limit though) to cut a long story short, 2 pairs of trainers for me and the missus, should've been £179.98, for £17.99, as he was still blahhing away whilst keying the incorrect amount in his credit card machine.

i felt vindicated. the missus seemed to think it was up there with the great train robbery, but i held firm and didn't return. never did hear anymore.

on topic, i think you do have to pay up if they notice!
 
The thing that's bugging me is if they had given me the correct price at they time then I would not have bought the tyres from them in the first place. The quote i was given was for about £60 more than I would have paid if I had gone to Camskill or the like, given that that included the fitting and it was local and convenient I was happy with that, but now it's going to work out best part of £200.
 
Dave1971 said:
The thing that's bugging me is if they had given me the correct price at they time then I would not have bought the tyres from them in the first place. The quote i was given was for about £60 mor than I would have paid if I had gonr to Camskill or the like, given that that included the fitting and it was local and convenient I was happy with that, but now it's going to work out best part of £200.
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that's different then...sorry, i misunderstood - if you asked for 4 tyres and they misquoted you then that's their lookout i'd say.

if you rock up and ask what they'd charge for 4 tyres, they quote you £1x and then try and charge you £1.3x cos they messed up the quote then that's wrong, you could tout for no end of business on that basis.

i'd tell them that you only took them up cos they were cheapest by deem of their mistake, so please would they locate your old tyres and refit them (whilst you watch) and give you a full refund; as the implied contract is null and void due to the retrospective change in terms. or, if they'd care to match camskill, you'll pay them that. chances are they'll match your cheaper quote.
 
JaEdBa said:
Dave1971 said:
The thing that's bugging me is if they had given me the correct price at they time then I would not have bought the tyres from them in the first place. The quote i was given was for about £60 mor than I would have paid if I had gonr to Camskill or the like, given that that included the fitting and it was local and convenient I was happy with that, but now it's going to work out best part of £200.
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that's different then...sorry, i misunderstood - if you asked for 4 tyres and they misquoted you then that's their lookout i'd say.

if you rock up and ask what they'd charge for 4 tyres, they quote you £1x and then try and charge you £1.3x cos they messed up the quote then that's wrong, you could tout for no end of business on that basis.

i'd tell them that you only took them up cos they were cheapest by deem of their mistake, so please would they locate your old tyres and refit them (whilst you watch) and give you a full refund; as the implied contract is null and void due to the retrospective change in terms. or, if they'd care to match camskill, you'll pay them that. chances are they'll match your cheaper quote.
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Especially as how many people ask for a quote for 3x tyres
Clearly their mistake they offered a price for 4x tyres and you accepted and paid the agreed price and they supplied the quoted 4 tyres ....End of story
 
You could always check with Trading Standards for the water tight legal position
It has a whiff of conning you into buying ......
 
If they mis-quoted you from the beginning and then only realised after you had left the garage with your new tyres fitted, then I think they would actually be lucky if you paid them anything more! It smacks of gross incompetence to me. I would tell them that you only went with them because they offered you that price in the beginning, and so either they revert the car back to how it was before i.e. take all the tyres off and put your old ones on (and compensate you for the inconvenience and time loss), or you come to some sort of agreement now. Whatever you do, do not pay out more than you would have if you went to camskill, why should you be out of pocket for their incompetence? You may want to make a goodwill gesture to resolve this (to satisfy the whole Karma thing), but do not be out of pocket because of their mistake.

If they had overcharged you, would they have contacted you to ask you to come in to get your refund? Mmmmm.....I think not.

PS Did you have a written quote from them to start with or was it verbal? Even if it was verbal though, as far as I am aware a quote is legal and binding for a certain period of time? Or at least especially after the fact i.e. the goods or service has taken place?
 
wegras said:
You could always check with Trading Standards for the water tight legal position
It has a whiff of conning you into buying ......
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I'm with you.... how many people want just three tyres only? One - yes, a pair or a full set - yes. But three.... sounds distinctly like a scam to me too :thumbsdown:
 
If they gave you a quote for four tyres and you you paid what they asked, you entered into a contract with them to supply and fit four tyres at that price. Had you asked for a quote for three tyes and they fitted four, that's a didfferent matter. Check the invoice - if it says supply and fit three tyres and they fitted four and you are not prepared to pay for the fourth, then I would do as suggested above and ask them to re-fit and balance your old tyres and give you a full refund.
 
Marco said:
PS Did you have a written quote from them to start with or was it verbal? Even if it was verbal though, as far as I am aware a quote is legal and binding for a certain period of time? Or at least especially after the fact i.e. the goods or service has taken place?
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The quote was vebal but like you I'm sure it's legaly binding.
 
The verbal quote is obviously the same as the invoice so how can they argue it?
They have made a mistake but I'm not convinced that is your problem. Room for negotiation me thinks :thumbsup:
 
Two words F**k em.

As it turns out they are going to be dearer than anyone else then you are unlikly to use them again anyway. they gave you a quote, you paid it, now they want me more money, tell em to take a run and jump, they will be more likely to fully check quotes in future before trying to lure you in with a cheap one and then try and stiff you for more money afterwards.
 
Nosa said:
Two words F**k em.

As it turns out they are going to be dearer than anyone else then you are unlikly to use them again anyway. they gave you a quote, you paid it, now they want me more money, tell em to take a run and jump, they will be more likely to fully check quotes in future before trying to lure you in with a cheap one and then try and stiff you for more money afterwards.
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:rofl: :rofl: :rofl: :rofl:


Yeah, it's probably a tactic they use to stitch people up and most would just go in and pay as they make it sound like you have been given more than you should have, when in fact all they have given you is what they said they would at the start.
 
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