payment requested - 7 months later!

dirtydensgirl

I purchased a power tool over the internet from a well known company, gave my debit card details when I placed the order and the item was despatched to me. This was in december last year. I have recently received a letter from the company explaining that they did not take payment from my debit card at the time and requesting my card details again in order for them to complete the transaction.

Am I still legally obliged to make the payment 7 months on even though it is their mistake that they did not debit my card in the first place?

sarahg1969

Yes, I'm afraid so. They have up to 6 years to pursue you for the debt (because, after all, that's what it is).

However, I have no idea what the position would be if you don't pay. They may chase you, they may not.

But you received the item, so the right thing to do is to pay. Isn't it?

98jdougl

i take it the payment def wan't taken at the time?

dirtydensgirl

have checked bank statements and def not taken

advent1122

dirtydensgirl wrote: »

have checked bank statements and def not taken

Be honest. You had no need to check your bank statement as you knew they had not taken the payment. You thought you got away with it.

Not sure what they can do now, personally, I would pay them what I owe as it is the right thing to do..

vicshippers

I agree with advent1122 - to pay them would be the right thing to do. Knowing you haven't paid and keeping the item is like theft...

gordikin

If you had noticed 7 months later that they had accidently taken the money twice would you expect a refund?

montyrebel

you got the item now you need to pay for it

tryfive

dirtydensgirl wrote: »

Am I still legally obliged to make the payment 7 months on even though it is their mistake that they did not debit my card in the first place?

The short answer is obviously yes, legally you are obliged to make payment (that's a pretty stupid question, IMHO)

You do have options if you're strapped for cash though. For example, pay it off in installments of your choosing (as long as reasonable), stall for time (they're obviously not in a hurry!), etc

Of course, it does sound like their system/record keeping is a bit poor. You could get cheeky and as them to send you an invoice. If they don't have your address details, I'm not sure how easy/worthwhile it would be for them to pursue through the small claims court without somewhere to send the papers....