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M&S despatched order, didn't charge for it
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emandess
Posts: 4 Newbie
I ordered a TV from M&S last year in the run-up to Christmas, for which I supplied them my credit card details. The site's T&Cs state that I'd be charged "prior to despatch". I received the TV shortly after.
Six months later, after the interest-free period on my aforementioned credit card was up, I cancelled the card, having persevered in paying off the £1500+ on it.
Earlier this month I started receiving emails from M&S about how they were unable to charge my now-cancelled credit card! It turns out, as the title says, that they'd never charged me for the TV. I've since received an email from M&S saying that the order has been cancelled, and there is no sign of it in my online M&S account.
However... I have, since the cancellation email, started receiving demands for the money of this cancelled order, which will no doubt be followed up with more demands, charges, leg-breakers at the door...!
My question is, by the English contract law the purchase was framed in, am I legally bound to pay this? My problem is that last year, a £700 expense was expected and could have been paid for, whereas now, I'm less secure financially, and would suffer a fair amount of interest charges in trying to clear it. Have M&S voided their own contract by misrepresenting, or indeed by cancelling it themselves, or am I just a grubby chancer? Or both?!
Six months later, after the interest-free period on my aforementioned credit card was up, I cancelled the card, having persevered in paying off the £1500+ on it.
Earlier this month I started receiving emails from M&S about how they were unable to charge my now-cancelled credit card! It turns out, as the title says, that they'd never charged me for the TV. I've since received an email from M&S saying that the order has been cancelled, and there is no sign of it in my online M&S account.
However... I have, since the cancellation email, started receiving demands for the money of this cancelled order, which will no doubt be followed up with more demands, charges, leg-breakers at the door...!
My question is, by the English contract law the purchase was framed in, am I legally bound to pay this? My problem is that last year, a £700 expense was expected and could have been paid for, whereas now, I'm less secure financially, and would suffer a fair amount of interest charges in trying to clear it. Have M&S voided their own contract by misrepresenting, or indeed by cancelling it themselves, or am I just a grubby chancer? Or both?!
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Comments
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Yes, you are legally bound to pay. They have 6 years in which to pursue you for the debt.0
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You owe the money and certainly would have know you hadn't paid for the TV so just pay.0
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You are a grubby chancer.Gone ... or have I?0
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sarahg1969 wrote: »Yes, you are legally bound to pay. They have 6 years in which to pursue you for the debt.
Thanks Sarahg. I'm waiting to hear back from a friend-of-a-friend who's worked in contract law, but I suspect the reply will be along similar lines.DaisyFlower wrote: »You owe the money and certainly would have know you hadn't paid for the TV so just pay.
Lol, I'd have argued the other way - I "certainly would have know" that I did pay for it - until I went back over my card statements! It works out that I indulged in a few £100s more worth of purchases leading up to Christmas than I'd realised - so now I have a delayed case of buyer's remorse to contend with into the bargain...You are a grubby chancer.
:rotfl:0 -
Thanks Sarahg. I'm waiting to hear back from a friend-of-a-friend who's worked in contract law, but I suspect the reply will be along similar lines.
Well hopefully your friend of a friend will indeed tell you that they have 6 years to take payment...If it looks like a duck, and quacks like a duck, we have at least to consider the possibility that we have a small aquatic bird of the family anatidae on our hands
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However... I have, since the cancellation email, started receiving demands for the money of this cancelled order, which will no doubt be followed up with more demands, charges, leg-breakers at the door...!
!
Indeed, I understand the contract has already gone to Bugsy and the boys not just any leg breakers they are M&S leg breakers
Pay them
"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."
Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)0 -
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advent1122 wrote: »
What is this world coming to....
Good question. I'll ponder it later - right now I'm away to emit some CFCs I ransacked earlier while I was defrauding pensioners door-to-door.
:rolleyes:0
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