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Legal Tender refusal

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  • 30-12-2008 7:40pm
    #1
    Moderators, Sports Moderators Posts: 15,681 Mod ✭✭✭✭


    Not sure if it belongs here, but I guess it's a consumer issue...

    Waiting in a very slow queue today, someone in front was buying something and with a lack of 10c change, the staff offered the 70c change in 5c coins. The customer refused to take it "with my rights as a consumer", but it's legal tender so it seemed odd.

    Eventually she found some more and was settled, but anyone heard of anything like this before? Anyone heard of any consumer issue that allows you to refuse legal tender before? :confused:


Comments

  • Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    the consumer was wrong for the reasons you described .


  • Closed Accounts Posts: 19,986 ✭✭✭✭mikemac


    Customer was wrong but you can't realy blame them.

    I've heard of a limit of 50 coins in a transaction. In fact, someone quoted the exact law in legal forum a few months back

    So to turn it around, if you want to buy a chocolate bar with 50 1c coins, it's no probs :)
    Expect some dirty looks though if the shop is near closing and the poor cashier has to count and balance their till


  • Closed Accounts Posts: 13,126 ✭✭✭✭calex71


    yes i remember this coming up a while ago someone did quote what the law was in regards to coins , could have been that thread on a garage refusing a €100 note , but im too lazy to look :pac:


  • Registered Users Posts: 5,420 ✭✭✭Lollipops23


    i've had to give customers change in coins before, the most i've ever given is a tenner in E2 coins but always apologise cos i know it's a pain in the arse!!i've never had anyone complain though-once they're being given the correct amount of change they can't complain.the customer sounds like a jackass.


  • Registered Users Posts: 19,396 ✭✭✭✭Karoma


    Currency Act 1925 and Decimal Currency Act 1970 made irish pounds legal tender, this was amended by the Economic and Monetary Union Act 1998 which made the euro legal tender (unlimited for notes, up to 50 coins).


    - http://www.boards.ie/vbulletin/archive/index.php/t-2054899373.html


    The consumer could decline the initial offer/method of payment, and see if the shop would facilitate them or walk out empty-handed, but has no legal grounds "as a consumer".


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  • Registered Users Posts: 2,439 ✭✭✭Richard


    Karoma wrote: »
    Currency Act 1925 and Decimal Currency Act 1970 made irish pounds legal tender, this was amended by the Economic and Monetary Union Act 1998 which made the euro legal tender (unlimited for notes, up to 50 coins).


    - http://www.boards.ie/vbulletin/archive/index.php/t-2054899373.html


    The consumer could decline the initial offer/method of payment, and see if the shop would facilitate them or walk out empty-handed, but has no legal grounds "as a consumer".

    It may be different in Ireland but in the UK, legal tender can be refused by a seller, because the don't actually have to sell you something. It does, however have to be accepted in settlement of a debt. This may apply to giving change, I'm not sure. Incidentally, more than 20p's worth of 1ps and 2ps is not legal tender, and more than £1 of 5ps isn't either. If it is 50 coins in the case of Ireland, then the customer couldn't demand another method of payment. I think.


  • Registered Users Posts: 986 ✭✭✭psicic


    Just to put on my nerd glasses and back up what's was said earlier, heres the actual bit of the law that says 50-coins only is the max that retailer has to accept as legal tender:


  • Registered Users Posts: 5,517 ✭✭✭axer


    You only have to accept legal tender (50 coins or less) for debts that already exist which obviously includes restaurants where you have already eaten the meal simply because you cannot sue for non-payment if you refuse to accept the legal tender.

    You can refuse legal tender if someone wants to purchase something since you are just refusing the sale thus there is no debt already accrued i.e. when no contract for sale has been made (invitation to treat).


  • Registered Users Posts: 986 ✭✭✭psicic


    axer wrote: »
    You only have to accept legal tender (50 coins or less) for debts that already exist which obviously includes restaurants where you have already eaten the meal simply because you cannot sue for non-payment if you refuse to accept the legal tender.

    You can refuse legal tender if someone wants to purchase something since you are just refusing the sale thus there is no debt already accrued i.e. when no contract for sale has been made (invitation to treat).

    Yes, apologies, my earlier post made it sound as though I was saying a retailer was obliged to sell an item if they were presented with the requisite wad of cash.

    A retailer is under no obligation to sell to any individual, even if they have cash. Nobody has a 'right' to buy off a retailer if that retailer doesn't want to sell to them. (A retailer has a right to discriminate who they sell to under consumer law for any reason. This right is, however, slightly tempered by other legislation - e.g. I doubt equality legislation would be silent if a retailer practiced a blanket ban on black people.)


  • Registered Users Posts: 3,536 ✭✭✭Mark200


    The retailer can, of course, refuse any form of payment from anyone because of their right to refuse sale/service.



    I never knew about the 50 coins rule though. Handy to know in case any of my friends try to be funny paying me back money they owe.


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  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    Mark200 wrote: »
    The retailer can, of course, refuse any form of payment from anyone because of their right to refuse sale/service.



    I never knew about the 50 coins rule though. Handy to know in case any of my friends try to be funny paying me back money they owe.

    But the 50 coin law doesn't apply to debts :P


  • Registered Users Posts: 5,517 ✭✭✭axer


    psicic wrote: »
    A retailer is under no obligation to sell to any individual, even if they have cash. Nobody has a 'right' to buy off a retailer if that retailer doesn't want to sell to them. (A retailer has a right to discriminate who they sell to under consumer law for any reason. This right is, however, slightly tempered by other legislation - e.g. I doubt equality legislation would be silent if a retailer practiced a blanket ban on black people.)
    You are right except your statement of "A retailer has a right to discriminate" shouldn't be using the word "discriminate" since that would mean discrimmination. The word "choose" would fit better.
    Sam Vimes wrote: »
    But the 50 coin law doesn't apply to debts :P
    I think it does.


  • Registered Users Posts: 21,611 ✭✭✭✭Sam Vimes


    axer wrote: »
    I think it does.
    oh right i thought you were saying that you had to accept any form of payment if the debt already existed. Is that still only if it's 50 coins or less?


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