Consumer Law Advice : Fri Jul 26, 2013 2:23 pm  

Wonder if anyone can give me advice in the following.

2 weeks ago I ordered the wife an eternity ring from a high st jewellers (I know I'm an old romantic) they didn't have her size in so I left a 50%deposit and was to pay the rest when it's in.
The wife went to pick it up today and pay the other 50% and the shop assistant just packaged the ring up and have it to her without taking money. The wife stood there with her debit card out but he didn't take it. Jut asked her if she wanted anything else then say goodbye so she assume I had paid for it all.

Being the good citizen I am, and more importantly not wanting to get a shop assistant in trouble I'm going to head in tomorrow and pay the rest.

Does anyone know if I'm legally obliged to pay though??
As if not I'm going to try and haggle a discount for my honesty.

Re: Consumer Law Advice : Fri Jul 26, 2013 2:32 pm  

citywolf wrote:

Wonder if anyone can give me advice in the following.

2 weeks ago I ordered the wife an eternity ring from a high st jewellers (I know I'm an old romantic) they didn't have her size in so I left a 50%deposit and was to pay the rest when it's in.
The wife went to pick it up today and pay the other 50% and the shop assistant just packaged the ring up and have it to her without taking money. The wife stood there with her debit card out but he didn't take it. Jut asked her if she wanted anything else then say goodbye so she assume I had paid for it all.

Being the good citizen I am, and more importantly not wanting to get a shop assistant in trouble I'm going to head in tomorrow and pay the rest.

Does anyone know if I'm legally obliged to pay though??
As if not I'm going to try and haggle a discount for my honesty.

You are legally obliged to yes. Having said that, given that in practice you could have gotten away scot free, I think they would be a bit hard faced not to give you a discount.

Re: Consumer Law Advice : Fri Jul 26, 2013 2:32 pm  

citywolf wrote:

Wonder if anyone can give me advice in the following.

2 weeks ago I ordered the wife an eternity ring from a high st jewellers (I know I'm an old romantic) they didn't have her size in so I left a 50%deposit and was to pay the rest when it's in.
The wife went to pick it up today and pay the other 50% and the shop assistant just packaged the ring up and have it to her without taking money. The wife stood there with her debit card out but he didn't take it. Jut asked her if she wanted anything else then say goodbye so she assume I had paid for it all.

Being the good citizen I am, and more importantly not wanting to get a shop assistant in trouble I'm going to head in tomorrow and pay the rest.

Does anyone know if I'm legally obliged to pay though??
As if not I'm going to try and haggle a discount for my honesty.

You entered into a contract, you have not fulfilled your part.

Simple as

Re: Consumer Law Advice : Fri Jul 26, 2013 3:08 pm  

citywolf wrote:

Being the good citizen I am, and more importantly not wanting to get a shop assistant in trouble I'm going to head in tomorrow and pay the rest.

Does anyone know if I'm legally obliged to pay though??
As if not I'm going to try and haggle a discount for my honesty.

You have a legal obligation to pay. But that div of a shop assistant could have handed over all the documentation. Depends on what procedures the shop had in place and how badly he screwed them up.

You might be getting him into trouble. But it's trouble he needs. He needs to know how to properly complete transactions. It could be that the shop has a dreadful system in place and the shop has no knowledge that they've given you the item at half price. It could be that the guy is in trouble already and you're saving him from the chop by going in and rectifying it. It could be that they're already writing to you with an invoice for the remaining 50%.

Whether you get a discount will probably depend on how much discretion the management have.

Re: Consumer Law Advice : Fri Jul 26, 2013 3:21 pm  

Go in, find out which days the assistant works then order another ten rings to be picked up on those specific days.

Re: Consumer Law Advice : Fri Jul 26, 2013 3:21 pm  

I'd guess it would be theft to knowingly retain their consideration or property (ring) under the contract Cod'ead reports you entered into.

Sections 1 to 6 of The Theft Act 1968 may be pertinent.

Re: Consumer Law Advice : Fri Jul 26, 2013 3:29 pm  

More to the point, you ordered a ring as a gift for your bread knife and then you expect her to pay for half of it when she goes to pick it up?

Re: Consumer Law Advice : Fri Jul 26, 2013 3:36 pm  

cod'ead wrote:

You entered into a contract, you have not fulfilled your part.

Simple as

True ... but isn't it the jeweller's responsibility to demand the remainder of the payment?

Re: Consumer Law Advice : Fri Jul 26, 2013 3:40 pm  

El Barbudo wrote:

True ... but isn't it the jeweller's responsibility to demand the remainder of the payment?

Why?

Re: Consumer Law Advice : Fri Jul 26, 2013 3:51 pm  

Job done.

25% discount on the remaining balance.

Happy days..... Except for the assistant who's probably due a rollicking.