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 Post subject: overcharging on a credit card
PostPosted: Fri Oct 07, 2016 12:34 pm 
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Joined: Mon Feb 02, 2009 3:57 pm
Posts: 3487
Location: Sussex and Cantal
It feels odd to be asking for legal advice after all these years, but I know little about French law.

I was interested in buying an item, and was sent a price list from the maker by a supplier I had been dealing with on other matters. I didn't notice that the prices were "ht". I had several back and forth emails about the price, as I was owed a refund on something from the same maker via the same supplier. At no time was another basic price mentioned. In the end, I had an email from the supplier saying "However, I am willing to suffer a loss by deducting the 119€ from the higher price to offer you it at 571€ ttc plus 15€ delivery."

I accepted this, and when the supplier was back in his office, phoned to pay by credit card. No mention was made of any other price. On delivery, I found a credit card receipt for 828 euros, 242 euros more than we agreed. I asked for a refund of the difference only to receive the reply that "I can see that there has been an assumption at one point that the 690€ quoted was ttc. In fact it was ht, meaning that the original price should have been 828€ ttc plus delivery. I did agree to provide it at 119€ lower but I had assumed that you quoted the correct ttc price for me to work against, which you hadn't - it should have been 666€ ttc plus 15€ delivery."

Apart from resenting the accusation that this is my fault, I am quite sure that in English law I had a contract at the lower amount. I suspect that the same must be true in French law, although not worth going to Court over. However, I do wonder whether charging a higher amount on a credit card, without any reference to me, is legal?

Does anyone know?


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 Post subject: Re: overcharging on a credit card
PostPosted: Fri Sep 29, 2017 8:58 pm 
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Joined: Sat Jan 31, 2009 2:29 pm
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Location: Was Plouasne 22830, now Ploeuc sur Lie 22150, France
I know that your problem is old now Elstow, but I came across these links whilst browsing on another forum

https://e-justice.europa.eu/content_small_claims-42-en.do

http://europa.eu/youreurope/business/sell-abroad/resolving-disputes/small-claims/index_en.htm Small claims up to 5000€

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 Post subject: Re: overcharging on a credit card
PostPosted: Sat Sep 30, 2017 7:29 am 
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Joined: Tue Feb 03, 2009 12:08 pm
Posts: 2330
Location: Basel and Suffolk
Sadly part of Elstow's claim relates to a phone call - for which there may or may not be contemporaneous notes - which in turn may of may or not be accepted.

A friend is having massive problems recovering money (over 5000) and has a complete e-mail trail backing up his story.

I am reminded of what a colleague told me on my first day working in Paris - "Don't trust the French in business" - advice that has stood me in good stead.

J


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