Interesting Dilema
Author
Discussion

olf

Original Poster:

11,978 posts

248 months

Tuesday 27th February 2007
quotequote all
Hello all,

At the weekend I bought 10 return tickets for a ferry I regularly use. These have to be used in the next six months.

Anyway, the company told me that they would be £345 and then only deducted £155 from my card. They are now ringing me asking for the balance and they even got the employee who made the f-up to ring and tell me they were about to suspend him and could I please pay pronto so they didn't?!

I know morally this is an easy one to resolve... but we're talking £200 quid, it's there f-up and I put at least £2k a year in the pockets already, where do I stand legally? Do they have to honour the tickets if I don't stump up do you think?

There is nothing in the T&C's of issue to cover this eventuality.

Bing o

15,184 posts

249 months

Tuesday 27th February 2007
quotequote all
pay them the balance.

dilemma over.

how ould you feel if it was you in the ferry company's position.

olf

Original Poster:

11,978 posts

248 months

Tuesday 27th February 2007
quotequote all
Bing o said:
pay them the balance.

dilemma over.

how ould you feel if it was you in the ferry company's position.


1-1

esselte

14,626 posts

297 months

Tuesday 27th February 2007
quotequote all
You knew they would cost you £345 and accepted that.You should pay up really...

olf

Original Poster:

11,978 posts

248 months

Tuesday 27th February 2007
quotequote all
esselte said:
You knew they would cost you £345 and accepted that.You should pay up really...


1-2

MilnerR

8,273 posts

288 months

Tuesday 27th February 2007
quotequote all
What would have happened if you had over paid by mistake, say, you wrote a cheque and misheard the amount? I expect the ferry company would reimburse you the money, despite there being nothing in their T&Cs about it. You owe them £200 end of story.

tigger1

8,478 posts

251 months

Tuesday 27th February 2007
quotequote all
Make that 3-1. You have agreed a contract to pay £345 for 10 tickets...so you still owe them the balance.

olf

Original Poster:

11,978 posts

248 months

Tuesday 27th February 2007
quotequote all
Interesting point.

I recently ran over the allowed time to use the tickets due to a family illness. They were kind enough to refund £19 of the £100 value of the tickets still left.

No love loss you see.

BliarOut

72,863 posts

269 months

Tuesday 27th February 2007
quotequote all
Tell them you'll pay up if the clerk who made the mistake gets an apology

supermono

7,464 posts

278 months

Tuesday 27th February 2007
quotequote all
olf said:
due to a family illness.

Do they mention family illnesses in their Ts&Cs?

olf

Original Poster:

11,978 posts

248 months

Tuesday 27th February 2007
quotequote all
Anybody care to talk about the legal situation as opposed to the moral?

olf

Original Poster:

11,978 posts

248 months

Tuesday 27th February 2007
quotequote all
supermono said:
olf said:
due to a family illness.

Do they mention family illnesses in their Ts&Cs?


No. Hence me thinking I should keep the 200 quid!

slowly slowly

2,474 posts

254 months

Tuesday 27th February 2007
quotequote all
Do the honourable thing and pay up then you can come back and tell us what a great guy you are saving someone their job.

supermono

7,464 posts

278 months

Tuesday 27th February 2007
quotequote all
I don't see how come the bloke will keep his job if you pay up. He screwed up whether you pay up or not.

Sorry, no idea legally.

SM

esselte

14,626 posts

297 months

Tuesday 27th February 2007
quotequote all
olf said:
Anybody care to talk about the legal situation as opposed to the moral?



What if they'd taken 500 instead of the 345? Is there a legal difference here?

10 Pence Short

32,880 posts

247 months

Tuesday 27th February 2007
quotequote all
Presumably they have your card details- why didn't they just take the balance themselves without asking?

david godfrey

3,857 posts

254 months

Tuesday 27th February 2007
quotequote all
need any performance upgrades for your car - serously I'd pay it, I also have no idea of the lega would suspect that its there problem - suspect they could invalidate your tickets though?

Gerry Breen

140 posts

252 months

Tuesday 27th February 2007
quotequote all
I'd pay up, you were happy presumably to pay £345. If they have your details might they refuse you travel in the future?

Mr Freefall

2,323 posts

288 months

Tuesday 27th February 2007
quotequote all
olf said:
Anybody care to talk about the legal situation as opposed to the moral?



Contract Law, you will have broken the contract, which is 4 elements.

Offer
acceptance
consideration
intent

1)offer, the offer was for the tickets
2)Acceptance, you accepted the offer for the tickets
3)consideration, this was the price for £345, for which the offer and acceptance was completed.
4)Intent, the intent is that you pay for the £345.

Now, they have only deducted £145, so you owe them £200. They have contacted you for the additional £200 which in point 1,2 and 3 was completed.

If you do not pay the additional £200 in point 4, YOU break the contract under contract law, and they will have you by the balls in court

Mr F






Edited by Mr Freefall on Tuesday 27th February 14:34

justinp1

13,363 posts

260 months

Tuesday 27th February 2007
quotequote all
supermono said:
I don't see how come the bloke will keep his job if you pay up. He screwed up whether you pay up or not.

Sorry, no idea legally.

SM


I agree. Thats just emotional blackmail.

What is interesting is that if they need to respond to this - something which should be a last resort, then it would seem that they dont believe their position is good.

What is interesting is that:

They could just take the correct money from your card,
Cancel your tickets as they are not paid for in full - surely a T&C,
Tell you that unless you pay they will refund you the part payment, surely a T&C too,

Legally and lawfully are two different things. Legally there is no law broken whether you do either option. Lawfully though in contract law if you agree a price of X tickets for X pounds, then the 'contract' is made then. You then have to pay what you have agreed, even if they dont charge you enough the first time they try to take payment.

However, if the operator told you X tickets are X pounds - even if they have made a mistake - and you accept and you pay, then the contract is also made there and then. They would have no right to ask you for any more.

So it would come down to the exact sequence of events. With regard to the ticket they only refunded you £19 for on a different occasion, surely there is a reason why you buy so many tickets so far in advance? Other wise there would be no point, as you could ring up and book at the last minute and then you would know that there wold be no risk of losing money. Of course, I am guessing that if you buy that manay in advance you get a discount!? If that is the case then, the risk is yours.