Company contacted me 6 months after purchase stating failed to collect PayPal fees

Hi All,

I'll start with the original but probably not the best leading line "I'm new to this site but appreciate all the help that can be given!"
But I mean it.
In August 2015 I purchased some garden furniture from Jago24 for around £200. I paid, or so I thought I had through PayPal. There were issues with the delivery which were eventually sorted and I forgot all about it.

I've received a non-apologetic email from the company saying due to a technical error the money wasn't collected and I have 7days to pay before they take further action.

I hadn't realised that the payment hadn't been collected originally so I contacted PayPal and they stayed that the payment was set to pending for around 30days but Jago24 did not use their authorisation code to collect the money within the allocated time and it's no longer their issue.

Normally I'd pay, I've had the goods but the tone of their email and the fact they emailed rather than a more personal approach has irked me. I'm wondering whether legally they have the right to collect the fee this long after the purchase? I wasn't sure whether they counted as a 'creditor' and could therefore claim the fee up to 6 years later?

Any insight would be appreciated!

Many thanks
«1345678

Comments

  • lucy03
    lucy03 Posts: 520 Forumite
    First Anniversary Combo Breaker First Post
    They will need paying (as you suggest they have six years to bring a claim) - but if you genuinely can't afford it IMO they should realistically consider a payment plan.
  • Thanks, I suspected so, I just wanted a stick to poke them with to be more graceful 😑
  • hollydays
    hollydays Posts: 19,812 Forumite
    Name Dropper First Post First Anniversary
    Are they uk based. Their approach would irk me too.
  • Germany I think, they may have a Uk based arm but I don't think they're registered here 😕
  • Sorry, but when I pay for something using paypal, credit card, debit card, I always keep a check on when the money comes out, its good financial management.

    You received the goods, admittedly demanding the money within 7 days when its their fault it wasn't taken is a bit much.., but well.., you should have known the money wasn't taken. £200 isn't what I'd call loose change.
  • Hi Lucy,

    I wonder whether you had any thoughts on this further email, a couple of points from this - the English translation seems to state 'Credit Internally Credit internally'. Also according to their contract, the offer may not have been accepted as they did not fulfill several of the aforementioned points ie deliver within 5 days and request payment. They state the contract is concluded, it's ambiguous at best.

    thank you for purchasing at Jago.
    With this notification we would like to confirm your order. We have received it as follows:

    1x Gutschrift Intern Gutschrift Intern 296.26 EUR

    Shipping costs: 0.00 EUR
    Total amount: 296.26 EUR

    We are herewith accepting your contract declaration. The contract between you and us is therefore concluded.

    Should you have any questions, please do not hesitate to contact us via e-mail or telephone.
    Our friendly customer service is at your disposal.
    Alternatively, you can refer to us with your request by responding to this e-mail.


    To view the cancellation policy and cancellation form, please see attachment.

    Provider identification:

    JAGO AG
    Ingersheimer Str. 12
    70499 Stuttgart
    Germany

    Chief Executive Officer:
    Goran Jakovac

    Chairperson of the board:
    Dipl.-oec. Univ. Rolf Breyer

    Register Court: Local Court Stuttgart
    Register Number: HRB 741306

    Value added tax (VAT) Identification number pursuant to ? 27 a of the sales tax law: GB117297407

    Office Hours (GMT):
    Mon.-Thur. 7:00am-3:00pm
    Fri. 7:00am-2:00pm
    General Terms and Conditions and Client Information




    Table of Contents



    1. Scope of Application
    2. Conclusion of the Contract
    3. Right to cancel
    4. Price and Delivery Costs
    5. Shipment and delivery conditions
    6. Liability for defects
    7. Law and Jurisdiction


    1) Scope of Application


    1.1 These Terms and Conditions of the company JAGO AG (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or an trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
    1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession. A trader pursuant to these Terms and Conditions is any person acting for purposes relating to that person's trade, business, craft or profession, whether acting personally or through another person acting in the trader's name or on the trader's behalf.

    2) Conclusion of the Contract


    2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
    2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
    2.3 The Seller may accept the Client's offer within five days
    - by transferring a written order confirmation or an order conformation in written form (fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
    - by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
    - by requesting the Client to pay after he/she placed his/her order.

    Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.
    2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the fifth day following the sending of the offer.
    2.5 The contract's content will be stored by the Seller and will be sent to the Client in writing including these Terms and Conditions and Client Information (for example via e-mail, fax or letter) after the Client has submitted his order. In addition, the contract's content will be stored on the Seller's website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to submitting his order.
    2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting his binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
    2.7 The contractual language is English.
    2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client`s responsibility to ensure that the e-mail address he/she provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e- mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

    3) Right to cancel


    Consumers are entitled to the right of cancellation. Detailed informations about the right of cancellation are provided in the Seller's instruction on cancellation.

    4) Price and Delivery Costs


    4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
    4.2 For deliveries to countries outside the European Union, additional costs may arise which are beyond the Seller's control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
    4.3 Payment can be made using one of the methods mentioned in the Seller's online shop .
    4.4 If payment in advance has been agreed upon, payment shall be due immediately upon conclusion of the contract.

    5) Shipment and delivery conditions


    5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless otherwise agreed.
    5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if he/she has been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
    5.3 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods. . Should the Client act as a trader, the risk of accidental destruction and accidental deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
    5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and payments made by the Client will be immediately refunded.
    5.5 Collection by the Client is not possible for logistical reasons.

    6) Liability for defects


    The statutory consumer rights will apply.

    7) Law and Jurisdiction


    7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by British law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
    7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships between the parties are governed by German law excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Seller is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
  • RobRob86_2
    RobRob86_2 Posts: 6 Forumite
    edited 6 February 2016 at 10:19AM
    Deanatrois.
    I do think that type of response is unhelpful. I wasn't particularly asking for money management advice, it's not that I can't afford it, it's the principle of paying after the time elapsed and request.
  • macman
    macman Posts: 53,098 Forumite
    Name Dropper First Post First Anniversary
    I would have thought that the only 'principle' here is that you've had the goods, they haven't received payment, and you've enjoyed 6 months interest free credit?
    There is a valid debt which they can pursue for up to 6 years, so unless you have some other dispute with them, why not pay it?
    Yes, the error is theirs, but you have suffered no loss and have indeed benefited from it.
    No free lunch, and no free laptop ;)
  • I suppose, playing devils advocate, technically not interest free, the exchange rate seems to differ from original purchase, I Think it's increased but I'd need to double check.

    If we are talking about 'principle', there is more a foot here than goods received, therefore payment required. The manner in which the error was communicated and cash requested, in principle is wrong.

    Contactually, at best it's ambiguous.

    I will pay in all likelihood, short of a further email definitively telling me I do not need to. After all, I have never stated that I'm unwilling to pay or could not, but I think there is a wider ranging question regarding the responsibility and service requirement of vendors.

    But I'm also interested if anyone could shed any light on the secondary email and the purpose.
  • Are you complaining you've had 6 months free credit? Bit odd.
    I've known people though, in the past, who thought they'd got away without paying and were really annoyed when the bill finally arrived and then tried to find ways of not paying, but obviously you're not thinking of that.
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