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Paid in full - now they want more money


Guest iolande
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Guest iolande

Hello

 

I was wondering if anyone could help me with my legal rights on a particular issue?

 

I paid for shipping of some goods to Australia. When the goods were picked up I was told the price and I wrote a cheque there and then for it. I was also given a receipt for this payment confirming what I have paid. The cheque has sinced cleared my bank account.

 

Now the company has sent me an email saying they need a further payment of 150 pounds in order to ship my items.

 

I don't understand how this can happen if I was given an invoice and I paid for it in full and have received a receipt for this. Surely I have entered into a contract at this stage and they cannot vary the terms.

 

What are my legal rights in this case? Any help would be appreciated.

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Hello

 

I was wondering if anyone could help me with my legal rights on a particular issue?

 

I paid for shipping of some goods to Australia. When the goods were picked up I was told the price and I wrote a cheque there and then for it. I was also given a receipt for this payment confirming what I have paid. The cheque has sinced cleared my bank account.

 

Now the company has sent me an email saying they need a further payment of 150 pounds in order to ship my items.

 

I don't understand how this can happen if I was given an invoice and I paid for it in full and have received a receipt for this. Surely I have entered into a contract at this stage and they cannot vary the terms.

 

What are my legal rights in this case? Any help would be appreciated.

 

What reasons do they give for the further charge ?

 

Andy

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It would appear you have bought the goods, and they are yours. However delivery costs are additional - unless you agreed otherwise. If they are simply seeking the cost of shipping the item to the UK, then this isn't unreasonable - BUT if the item is to be imported into the UK, then there will be additional clearance fees and duties, depending on what the item is.

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I read this as the OP is shipping some items to Australia, paid for the shipping charge on collection and has now received a demand for more money before the company fulfils the contract.

 

If this charge is purely for their delivery service, then no they are not able to do this. However, if any import duties and vat are payable then, depending on what was agreed (whether the shipper or recipient is responsiblefor these) this could be a valid charge.

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Guest iolande

Hi

 

Yes I am shipping my stuff to Australia. It is purely a delivery contract. They gave no reason for the additional charges - their email merely read:

 

Hi Iolande,

We require a further £147.00 before we can have your goods shipped.

Can you please provide me with a method of payment and we will then release the consignment for departure.

Please get back at your earliest convenience.

Kind Regards

 

this seems a bit too vague for my liking (they stumped me for an additional 20 quid when the boxes were picked up, so my alarm bells are ringing a bit here). I know there are additional charges which may be levied by Australian Customs and the delivery company in Australia, however these were to be paid on pick up. What baffles me is that I have an invoice stating what I paid for and a receipt saying it is paid in full.

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I agree with last post, you need to request a breakdown of charges from the carrier.

 

It may be that you paid at xxxxxxx date with a rider for variable baf & caf, if sterling falls or baf increases (which is usual for year end) due to imbalance of trade this could be what they are requesting payment for.

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Did you tell them the weight and dimensions of the parcel, if not i suspect your initial payment was for the collection from your house. They would then weigh it and note the dimensions then email you the shipping costs from their depot to australia. I have used this service when shipping expensive & fragile items but that service also includes the shipping company repacking my items and using sturdier boxes. But i must admit i have never had to pay that amount even for what i consider to be very heavy parcels.

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Guest iolande

Hi

 

The company provide their own presized cartons. The driver counted up the size of those cartons and presented me with an invoice based on that amount (I have a breakdown on the cartons). So am pretty sure that can't be it.

 

I am awaiting a response for the breakdown of the charges from them . .

 

thanks for your replies so far.

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Guest iolande

I've heard back from the company. Apparently the driver who picked up the boxes charged me the wrong amount - a "human error" whereby he "miss-calclated" (sic).

 

I'm not sure about all this as the amount we paid was in the ball-park of what we were expecting to pay. Also the latest email contains the charging structure which I tried to clarify with them prior to pick up to no avail! They are now saying that we have only part-paid on this basis.

 

So now where do I stand? The driver issued me with an invoice and we paid in full (cheque has cleared my account) and a receipt was issued to that effect.

 

Are they legally allowed to claim it was a mistake and ask for more money? Or do they have to stand by the contract as it was agreed on the day of pickup?

 

Many thanks for your advice so far . . .

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A problem with demanding they ship for the price quoted and paid for could lead to the items 'being lost' in transit. I have a built in mis-trust of a lot of companies.

 

I, personally, would ask for a fefund and the parcels back and go to another shipping company.

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If you have a receipt which states 'paid in full' then you have paid in full end of story. If they have made a mistake in their calculations thats their problem not yours. Email them back stating as far as your concerened you have fulfilled your side of the contract and have 'proof of purchase'. (You could attach a copy of the receipt to the email). Indicate that you will seek 'further advice' unless they comfirm that your goods have been dispatched within the next 7 days. Also send a paper copy via recorded delivery and include a copy of the receipt.

 

Let us know what happens.

 

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IF there was an error, then that error is not your responsibility. If they say the driver made the mistake, then he can pay the difference or his firm can make allowances for it. Following their reasoning, we can all be held to ransom and have no control over delivery charges, if they choose to ask for money up front, then the money paid is the cost required. If they bill after the event, then clearly they would have charcorrect' amount.

 

 

They cannot have it both ways!

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Guest iolande

Hi all

 

well - just to update you all on the situation. I ended up going to someone more senior in the company as it appeared that the sales person was only interested in getting more money off me. The senior person looked into it and whilst not admitting that I had paid in full, he has agreed to 'waive' that part of the charges.

 

So now my consignment is being shipped under the original contract (Yipee!). So hopefully all will be smooth sailing from here on out (if you pardon the pun)

 

Thanks for all your comments guys!

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