What are my rights if a retailer refunds me by mistake?

7sefton

Hi,

I recently ordered some clothes online, and decided to return some of the items for a refund because they did not fit. To my surprise, the retailer has made TWO refunds into my credit card account: one for the correct partial refund amount, and a second which refunds me for the whole order. I am now £186 better off!

But I am wondering what are the chances of the retailer realising their mistake, and my rights if they want to claim the money back?

Thanks for any advice!

CLAPTON

you have the right to be honest of course

dzug1

Chances - pass

rights - you have none.

molerat

You may well have the right to remain silent etc

Browntoa

the same rights as if they took money OUT of your account by mistake

PNPSUKNET

they have the right to ask for the money back, of course they can also take action but not likely

jonesMUFCforever

I hope you do not run your card close to the limit because they will eventually ask for the money and if it takes you over your limit tough.

cos_2

The store definitely has the right to correct their error by asking for the extra payment back. However, I believe that some already said that you have have the right to remain silent. That is absolutely true .

There is no legal requirement for you to tell the retailer, your card company or your great aunt Effie. As long as you make sure you are able to repay them if and when they ask, the money can sit in your account.

The morals of the situation are up to you, of course ...

hippey

cos wrote: »

The store definitely has the right to correct their error by asking for the extra payment back. However, I believe that some already said that you have have the right to remain silent. That is absolutely true .

There is no legal requirement for you to tell the retailer, your card company or your great aunt Effie. As long as you make sure you are able to repay them if and when they ask, the money can sit in your account.

The morals of the situation are up to you, of course ...

One would disagree with this, Sec 5(4) Theft Act 1968 clearly states that the person receiving the property or proceeds of value is under an obligation to restore the item.

There is more to this than meets the eye and I would suggest informing the retailer of the error and get it put right, however on many occasion the retailer just can't work out what has happened and therefore is unable or unwilling to correct this and if they say keep the money, then keep it.

If you don't do this then we could rightly assume you have the 'intention to permanetly deprive' which will make out theft. There is case law which surrounds this issue and makes it quite clear. You don't have the right to remain silent, that is very much a mistaken attitude and a dangerous piece of advice.

mandragora_2

hippey wrote: »

One would disagree with this, clearly Sec 5(4) Theft Act 1968 clearly states that the person receiving the property or proceeds of value is under an obligation to restore the item.

There is more to this than meets the eye and I would suggest informing the retailer of the error and get it put right, however on many occasion the retailer just can't work out what has happened and therefore is unable or unwilling to correct this and if they say keep the money, then keep it.

If you don't do this then we could rightly assume you have the 'intention to permanetly deprive' which will make out theft. There is case law which surrounds this issue and makes it quite clear. You don't have the right to remain silent, that is very much a mistaken attitude and a dangerous piece of advice.

*sigh*

I think the OP might well feel they've had a lucky break, from an online retailer doing a lot of transactions, and so, presumably, making a little profit along the way. The right to remain silent? Perhaps not. But the right to not notice until prompted by the retailer asking a question? I think I'd be very tempted to chance it.

Years and years ago my friend 'got lucky' this way when her kids were tiny and they were on their uppers. They bought a freezer from a huge mulitnational company, taking up a 0% finance option, because that was the only way they could fund it. It meant that they could grow as much veg and fruit as possible, freeze everything they didn't eat immediately, and so be able to feed the kids well and not get any further into debt. She could justify it, and just about afford it, with the spread payments.

To cut a long story short, the company was taken over by another huge multi-national conglomerate, and somewhere in the takeover process, they muddled the paperwork, sent my mate a note inviting them to buy insurance on the newly completed purchase and she never heard another word from them about it. She thanked the gods for smiling on them, kept her head down, squirreled the money away as and when she had it in case they ever came after it, and never said a word.

Did she lose any sleep over it? Not a wink.

hippey

I never mean to sound hard but I can only ever tell you what should be done and I certainly have to be mindful that this is a public forum.