Should i write to this company or should i wait till i receive a letter from them? Also regarding the collector coming round, are they allowed to take anything from the house even though the loan is unsecured. I have not been to court regarding this and its not y house its my parents will they take any of there possesions?

Thanks for your help been doing some research, now from what i have read. The best advice is not speak over the phone to these people do it all via mail. It was basically a text message sent to the telephone which relayed back to a mmobile number. This has been constantly been switched off. I'm slightly concerned that i have never had a letter from these people to advise that they are currently chasing this debt so I don't know whether I should deal with them or go straight to the loan company.

Hope someone can provide some advice before i contact them tomorrow. Will check here before i call them. Cheers in advance.

Hi

After some advice, I hope you can help.

I would like to explain my circumstances first, many years ago I had gambling issues which thankfully i am now over. However i took a £10,000 unsecured loan with tesco finance. At the height of my gambling i stopped paying or put it simply starting using the money to cover the loan to cover my terible habit. I started to receive letters asking for payment but i simply didn't respond as they where asking for the amount in full and just tried to shy away from it, I know now that wasn't the way to go. I have now been slowly getting back on top of my finances paying credit cards and everything else. However i didn't address this issue.

Today i had a meassage saying contact them or they will send a collector round to my house they also left a ref no. I have just checked the ref no on regal credits website and the amount outstanding is £5100.00. I want to address this but i really don't know how to approach this with regal as i am really scared about it all, especially after reading how they treat debitors.

I know its all self inflicted and i shouldn't have left but thats in the past and i now need to move forward.

Your help and advice would be greatly appreciated.

As soon as money has been taken or changed hands, the contract has been agreed - if a retailer/person decides after that time the price is wrong, incorrect or too low, TOUGH! The law states the contract has been executed and it is too late to correct - the property is yours, regardless of the advertised price. It's the payment which forms the contract, not the advertisement.

 

BUT

 

There have been many online retailers who mis-price items, and owing to mistakes made previously by their competitors, many include some life saving (for them) clauses in their terms and conditions. Remember the Argos flat screen for £3? Or the Kodak camera for £100?

 

The only way to get out of honouring your price is on 3 defences in law:

 

1) by reserving the right to change the content of the website at any time including prices - but not after a contract is formed, that is unfair.

2) the defence of mistake - if a "reasonable" person knows this items retails for substantially more, then you cannot try to enforce the price. But this website tells you how low their prices are, so this one is a bit useless I think!

3) display of price marked goods is an invitation to treat, not an offer to purchase - but as this is an auction site, I don't think this applies either.

 

I can't see 1) in their terms and conditions. Clause 12) is rubbish, has not meaning apart from evading liability should the site host go down and you don't win because you can't up your bid.

 

They said they have received payment in settlement of the price - which they should honour or they breach the contract of sale.

 

Many places (play.com, amazon etc) will e-mail you confirmation of your order, but don't take payment until later on, therefore these companies will be able to change the price - but not after the sale!

Hi many thanks for taking the time to read and respond to the post, i have sent an email detailing that i do not accept there terms of cancellation. Can you advise what steps i now need to take would you mind taking a few minutes to read the reply i sent, as i am not that legally savy. If so i will pm you the email i sent. Really appreciate you assistance.

Hi all.

 

I'm new to this and couldn't find anything in the A-Z or FAQ so thought I'd ask the question here. A company called Swoopo (I'm sure you've heard of it - it's an ingenious [problem]) recently advertised a couple of items using the 'Swoop it now' feature at well below what they are worth. So, being the bargain hunter and opportunist that I am, I swooped in and bought them. They have since realised their mistake, and rectified the prices.

 

However, I have emails confirming the sale, and my credit cards have been charged. Where do I stand with this? Are they now obliged to provide the goods since they've taken my money, or can they simply refund me citing an error in their pricing?

 

Thanks in advance for your help.

Hi

Hoping to gather some advice on the same problem. Your help is really appreciated.

I too seen a number of products on this site which i bought at the low prices. The site is an auction site which you have to pay 50p per bid. They advertise there items at realy low prices. They also have an option which is swoop it now similar to buy it now. Once you commited to buying they stated i was obliged to pay for the items. I paid for these items. and had confirmation via the email below.

 

We've received your payment for the Apple MacBook MC207B/A 13.3-Inch Laptop you got on Swoopo, the most exciting place to shop. Your item will be on its way soon. Please allow up to 14 days for delivery.

 

For your records, here are the details of your payment:

 

Date 22.11.2009 1:17am

Auction ID 247727

End Price GBP

Shipping GBP

Sales Tax GBP

Total Payment GBP

 

 

If you have any questions about your auction win or anything else, please contact us.

We are writing to you further to your offer to purchase the 'Apple MacBook MC207B/A 13.3-Inch Laptop' (#247727) which appeared on our website at Swoopo UK | Cheap Wii Fit Nintendo DS PS3 Auctions Swoopo | Swoopo.co.uk Auction on the weekend.

 

As you are no doubt aware, the item was incorrectly priced and therefore never available for purchase. The error in pricing was due to a software malfunction and we refer in our general terms and conditions (term 12) Swoopo UK | Cheap Wii Fit Nintendo DS PS3 Auctions Swoopo | Swoopo.co.uk Auction to this possibility for which we cannot be held liable. We apologise to you for this mistake and are refunding to you the price that you offered.

 

As a goodwill gesture we have credited your account with 50 free bids.

 

Swoopo UK | Cheap Wii Fit Nintendo DS PS3 Auctions Swoopo | Swoopo.co.uk Auction

 

12. System Outage / Temporarily Halted Auctions

 

A system outage has occurred if no bids can be submitted for items due to an unforeseeable disruption in a system. In such a case, auctions will be temporarily halted and the remaining times for the auctions, the current bidding price and the current highest bidder will be maintained. After the disruption has been resolved, the auctions will be continued and 10 minutes will be added to the remaining times for the auctions. Temporarily halted auctions are clearly indicated. Bidders who are bidding on temporarily halted auctions shall have no right to a refund for bids used or other costs incurred.

 

With the currently available technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely without errors, or to rule out any unpredictable events in connection with the internet (hereinafter referred to collectively as “technical faults”). Swoopo, therefore, provides no guarantee for the constant and uninterrupted availability of its website and technical systems. In addition, but not subject to, the provisions of clause number 10, Swoopo shall not be liable for any damage whatsoever incurred by auction users or third parties from using Swoopo’s services. In particular, Swoopo shall not be liable for damage that occurs due to bids submitted by auction users not being received by Swoopo or not being received promptly or not being considered, as a consequence of technical faults.