Do I have to pay ??

[thatbum]

Could it even be theft now maybe. He has goods in possession that he knows belongs to someone else. maybe not theft originally as no intention at the time but now the intention is there. This would be a criminal offence - if not theft something similar (I am not a criminal lawyer).

Very, very technically theft. But realistically the police (at least the ones I deal with) would never follow up this sort of thing.

Its the fraud that might actually have legs because the shop is already starting to allege it, and Julian's defence of not realising at the time gets much less credible if he decides he wants to delay paying the money once he's been notified by the store.

Hence my advice of paying the money asap. Get apologies later.

 

[MaggieMcT]

I would tell them that it was their mistake and entirely innocent on your part. That you are pissed off that the rep thought it was ok to call you, attempt to bully you, and all but accuse you of theft. That when you have a written apology for this and an acknowledgement that it was entirely their mistake, then you will be happy to pay.

 

[Perp]

I would tell them that it was their mistake and entirely innocent on your part. That you are pissed off that the rep thought it was ok to call you, attempt to bully you, and all but accuse you of theft. That when you have a written apology for this and an acknowledgement that it was entirely their mistake, then you will be happy to pay.

As far as I'm aware, it is not an element of proof of either fraud or theft that the victim first write an apology letter.

I get that that's your inclination, but this is really a legal question, and several lawyers have answered.

 

[Ace in the Hole]

As far as I'm aware, it is not an element of proof of either fraud or theft that the victim first write an apology letter.

I get that that's your inclination, but this is really a legal question, and several lawyers have answered.

Maggie is saying the supplier needs to write the apology, not the victim.

 

[Perp]

Maggie is saying the supplier needs to write the apology, not the victim.

In this instance, the supplier - the tile shop - is the victim.

 

[Ace in the Hole]

If Julian's story is legit, the 2nd part of it about the way he was treated, I believe the business to learn a lesson from this.
The business has to take responsibility for the sales reps actions and management needs feedback of the way customers are being treated as is a bad representation of the company.

I know I would be extremely unhappy if my staff were to accuse customers in such a way as what happened here.

Julian should have been apologised to in the first instance for the error and then payment requested with further apologies for any inconvenience caused.

 

[BayView]

I can't believe where this thread has headed.

The guy went in to buy some products, and was prepared to pay the amount owed.

The cashier rang up the wrong amount, sure, but the goods cost $X.

Now, we are talking about lawyers and letters of apology and so forth.

FFS.

PAY-THE-BILL.

 

[Perp]

If Julian's story is legit, the 2nd part of it about the way he was treated, I believe the business to learn a lesson from this.

I don't disagree with that; I'm just saying that Julian would be wise to pay the debt promptly whether they apologise or not.

There should be no linkage of the two, because their shoddy treatment of Julian is no defence for him not paying his debt. (Even though I totally understand why he'd be pissed off.)

 

[wylie]

I don't disagree with that; I'm just saying that Julian would be wise to pay the debt promptly whether they apologise or not.

There should be no linkage of the two, because their shoddy treatment of Julian is no defence for him not paying his debt. (Even though I totally understand why he'd be pissed off.)

This is exactly how I feel too. Pay the bill and if the story "as told" is right, then inform the management of the shoddy treatment. Don't do this if it is even a bit of a stretch of how things went, because that could cause the salesman to get into trouble but if things happened exactly as reported here, I would be paying and then writing to explain exactly what happened.

 

[BayView]

There should be no linkage of the two, because their shoddy treatment of Julian is no defence for him not paying his debt. (Even though I totally understand why he'd be pissed off.)

It's a fair bet that the sales person got a bit shoddy after Julian told them he wasn't going to pay?

Fair and reasonable in one respect, and hopefully they won't want to go harder at him than simply being a bit rude when demanding what is rightfully theirs.

 

[ok180]

I can't believe where this thread has headed.

The guy went in to buy some products, and was prepared to pay the amount owed.

The cashier rang up the wrong amount, sure, but the goods cost $X.

Now, we are talking about lawyers and letters of apology and so forth.

FFS.

PAY-THE-BILL.

The mince meat thread is at almost 100 replies. I reckon this could get to at least 350.

 

[alicudi]

Hi

I just thought about this a little more.
Why not ring and tell the manager that you paid the staff member in full on the day but the the staff member insisted he take some on eftpos and the majority as cash you saw the staff member pocket the cash amount.

After all the copy of the invoice you have states it has been "Paid in full".

I am sure any issue you have with the staff member will be taken care of!

Regards,

alicudi

 

[BayView]

The mince meat thread is at almost 100 replies. I reckon this could get to at least 350.

yeah; I was quite amazed at that one.

We used to buy our mince at Costco when I lived in the USA - premium grade, but cheap as.

 

[BayView]

Hi

I just thought about this a little more.
Why not ring and tell the manager that you paid the staff member in full on the day but the the staff member insisted he take some on eftpos and the majority as cash you saw the staff member pocket the cash amount.

After all the copy of the invoice you have states it has been "Paid in full".

I am sure any issue you have with the staff member will be taken care of!

Regards,

alicudi

OMG

I know you are joking...are you? God I hope so.

How about he just call ACA and spew his guts out there...

"Victim of heartless and rude Vendor"...

sheesh.

 

[Melbournian]

you shoud just pay up

had the tiles be advertised at $20 instead of $200. they would have had to honour that but a mistaken in calculations etc.

I once had a statement of a loan that was closed a year ago come back saying something was wrong i owed them $700. I was thinking shouldn't the reconciliation of accounts have picked it up during settlement? apparently not and i went to the financial ombudsman - in the end settled for $500 and used it as a tax deduction for the capital gain

 

[TMNT]

you shoud just pay up

had the tiles be advertised at $20 instead of $200. they would have had to honour that but a mistaken in calculations etc.

incorrect, they dont have to honor it if its a mistake,from a legal perspective,
they can be pursued for bait advertising when it comes down to the crunch

however, the seller cannot be forced to sell legally

they may honor it from a good will gesture, but definitely not legally

 

[Julian.]

The mince meat thread is at almost 100 replies. I reckon this could get to at least 350.

I had no idea this would blow up the way it has .....

either way after the responses from a legal perspective I will obviously pay the debt sooner rather than later....

maybe I will just delay for a week rather than the month or so I originally had in mind, just enough to hopefully cause some angst. Even though they are yet to contact me again about it with the outstanding balance.

I don't care for an apology, written or verbal, it means nothing as anyone can fake sincerity.

 

[dex]

You should call the shop and tell them you're a bit annoyed about the way the rep handled the situation and you'll fix them up the balance next month when you get paid.

 

[pinkboy]

maybe I will just delay for a week rather than the month or so I originally had in mind, just enough to hopefully cause some angst. Even though they are yet to contact me again about it with the outstanding balance.

You're an arrogant SOB. Be the better man.

I hope they come after you.

pinkboy

 

[Hodge]

File for bankruptcy!