Payment after Delivery - PLEASE HELP

doyleuk

Hi all MSE users. This is my first post on the forums, however I have been an avid reader for many years.

I am looking for a bit of advice if you don’t mind.

At the end of October I placed an order online with a Fireworks retailer. The order form did not ask for Card Payment details, subsequently I found out the retailer did not have a Card machine on which to process payments. The order form asked for cheque.

I do not own a cheque so therefore placed an order with another retailer, paid by card and received my products perfectly.

However on 2nd Nov I received a package from the first retailer, bare in mind that I have not paid for this package. I thought their own administrative error and Possibly out of ignorance subsequently used the fireworks. I thought their error, why should I let it effect me.

I have now received an email from the original company now requesting payment for the goods.

Can anyone please advise what are my rights, Am I required to legally pay for these goods or is it the companys own fault for sending a product out before payment has been received for it?

Any help or comments would be appreciated.

sarahg1969

You ordered the item and they sent it. Now you need to pay for it. Why would you think you might not need to pay?

karen_123

However on 2nd Nov I received a package from the first retailer, bare in mind that I have not paid for this package. I thought their own administrative error and Possibly out of ignorance subsequently used the fireworks. I thought their error, why should I let it effect me.

I am not sure where you stand legally but i do feel that morally you should pay.

You say it was their error but if i see you drop your purse that would be an error but i would not dream of keeping it.

karen

neilmcl

You placed the order, they delivered, you have to pay for it, plain and simple. If you don't have a chequebook then go to you bank and ask for a bankers draft or similar. Have you even contacted the supplier and explained the situation and ask for alternative payment arrangements?

Mark_Hewitt

You ordered some goods online. Then when finding out they didn't accept cards you did not contact them to cancel the order.

Furthermore when you received the unexpected goods, you did not immediately return them, or contact them in order so they could arrange collection. Instead you used the fireworks.

And now you're expecting not to have to pay? Unbelievable...

(And yes it's perfectly legal to send out goods and then take payment at a later date. The majority of business to business transactions, for example, work in this way)

pinkshoes

Even if it was a mistake by the fireworks company, then I believe this would count as "unsolicited goods", in which case you would have to notify them of their mistake, and give them adequate time to arrange a collection of them

As you have used the fireworks, you obviously can't return them, so you will have to pay for them.

As you also placed an order with them, they could potentially chase you through the courts for the money.

Why did you use them if you weren't willing to pay for them?

Ivory_Tinkler

doyleuk wrote: »

However on 2nd Nov I received a package from the first retailer, bare in mind that I have not paid for this package. I thought their own administrative error and Possibly out of ignorance subsequently used the fireworks. I thought their error, why should I let it effect me.

I have now received an email from the original company now requesting payment for the goods.

Why is this an administrative error on their part if you ordered the goods but did not cancel the order? Surely the error is on your part? You used the goods and so you should pay for them.

doyleuk

The reason I thought the order was not proceeding was it specifically says on the email order confirmation

"Please make your check or money order payable to: XXXXXXXXXXXXX"

"Your order will not ship until we receive payment."

They then sent the order without receiving payment, who's to blame???

Mark_Hewitt

doyleuk wrote: »

They then sent the order without receiving payment, who's to blame???

Both of you. Them for sending the order without payment. You for not contacting them and arranging return when you realised their error. By using the fireworks you accepted the goods.

You have little choice but to pay now.

stuvee02

pinkshoes wrote: »

Even if it was a mistake by the fireworks company, then I believe this would count as "unsolicited goods", in which case you would have to notify them of their mistake, and give them adequate time to arrange a collection of them

How can the goods be "unsolicited" in any way at all? The OP went online to the retailer, selected items x, y and z and placed an order for said items... That pretty much sounds solicited to me...?

Whether the company made a mistake in actually sending the goods is possibly a minor point; if their t&c states that title of the goods only passes once payment is made in full then the OP has to pay for the pretty whizzbangs but if the t&c state title passes upon delivery then perhaps the company has to take the hit...

I'd say morally the OP should pay but maybe it's worth arguing for a discount because no payment was made and supposedly nothing would be sent without delivery?

Stu