company have not yet taken payment from my debit card

cp7

hi can someone advise what time limit a company has to take payment from my visa electron card? i've been waiting 8 months and i want to close this account as i don't use it any more. thanks

cottager

As far as I'm aware the card issuers allow retailers 6 months to claim debit (and credit) card transactions -- the same period as banks allow for a cheque to be presented.

But this is a different issue from whether you owe the money, which of course you do as you authorised the transaction (and you're clearly aware of this from the way you've phrased the question). The company concerned can still pursue you for the amount, and I think for this it's 6 years in law.

On the face of it, it doesn't seem very likely the payment will now, 8 months on, be taken through the 'normal channels', but I don't know if there are any circumstances where the retailer could still claim the payment from your bank -- others will know.

But if they could, and they do, you could be a tricky situation if you'd closed your a/c, as I have a feeling the bank may still be obliged to pay it (?), possibly leaving you open to incur charges. Whether being an Electron (pre-authorisation) card affects anything, again I'm not sure.

savagej

Under bank processes, it is too late to take it now and if they tried you could successfully dispute it. I would only dispute mind you if they tried to charge me for an unuthorised overdraft.

However, under civil law you still own the money as you entered into a contract to pay for it. They have 6 year in England and 5 lin Scotland to find you and ask, or sue you for it.

You have not "attempted to permanently deprive somone of something that belongs to them", so it is not theft or fraud. Just in case someone comes along and tries to scare you.

hippey

savagej wrote: »

You have not "attempted to permanently deprive somone of something that belongs to them", so it is not theft or fraud. Just in case someone comes along and tries to scare you.

it's not the attempt, it is the **intent** that matters, and from what the op has said they don't seem to have that anyway. With an attempt you still need the intent.

cp7

thanks for replies. i obviously do not want to incur bank charges and the company can contact me they have my email, address and phone no.

the problem would seem to be if they presented the request for payment and i had closed the account then the bank may well open it again, pay them, then charge me.

probably depends on bank as well, its a co-op card and i thought they wouldn't let me go overdrawn. i'd rather deal with the company and sort it out with them than the bank so hopefully when they realise they will contact me first.

onlypaddy

the way i understand it is, the authorisation code generated at the point of sale is valid for 6 months....

after this, they can claim the money for anything up to 6 years but they have to apply for permission. You could contact the company and ask them about it?

Mikeyorks

The authorisation code is only valid for the period that the money is restricted from your 'available' balance. Once the Bank software has given up on the missing debit (should be circa 7 working days ..... but some banks can't seem to count) the authorisation has then simply lapsed. And your Bank can pay it or deny it (depending upon the state of your account) if it turns up later.