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Item received payment not taken

Friend of mine bought tv surround kit last june off web as he had just bought a house was buying loads!
Just received a letter saying payment wasnt taken and can he call into a store to pay


Question
Where does he stand on paying? His circumstances have changed a lot and he hasnt got £600 spare

I know people will talk morally but its the legal side im interested in
«1

Comments

  • molerat
    molerat Posts: 35,860 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    They have 6 years to chase the debt. I assume he paid with card and for some reason the payment has failed. He still owes the money.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    He should of course check his statements to clarify that he has indeed not paid
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • gordikin
    gordikin Posts: 4,422 Forumite
    What posts #2 and #3 say!
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Statute of limitations is 6 years in England and 5 years in Scotland. This means that the company can chase him for this debt for up to that length of time (depending which country you're in).

    As #3 advised, check statements to ensure payment hasnt been taken and it simply isnt an error. If it isnt and he isnt able to pay the full amount, perhaps writing to them explaining his circumstances and asking if he can arrange a repayment plan?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Butlers1982
    Butlers1982 Posts: 3,286 Forumite
    Checked statements- payment not made!

    How could they enforce the debt? He offered to pay gave his details,they were the ones who dispatched it without taking the payment
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    How could they enforce the debt?
    Writing letters.

    Debt collectors.

    Small claims court.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    Checked statements- payment not made!

    How could they enforce the debt? He offered to pay gave his details,they were the ones who dispatched it without taking the payment

    Not worth disputing. They have a clean debt and WOULD win a small claims action.

    He might then find himself with a credit rating screwed up for years, bailiffs knocking on the door, etc.
  • Why is there even debate about this? Any decent human being having realised that they had not paid, and sat quiet about it (which I admit I may do) then gets pulled up by the company, would pay!

    This person is due money, no debate about it, just pay up!
  • Butlers1982
    Butlers1982 Posts: 3,286 Forumite
    edited 4 February 2011 at 9:46PM
    Wasnt a debate i asked a question about the legality of it.


    As for small claims... I took someone to the small claims,found in my favour,sent bailffs round and they couldnt do anything.

    as for decent human being... I said at the start i didnt want themoral side discussing,could you not see that


    Writing letters isnt enforcing a debt that wouldnt do anything,how can they affect his credit file? It would have to go to court for that?
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    1,000 Posts Combo Breaker
    Wasnt a debate i asked a question about the legality of it.


    As for small claims... I took someone to the small claims,found in my favour,sent bailffs round and they couldnt do anything.

    as for decent human being... I said at the start i didnt want themoral side discussing,could you not see that


    Writing letters isnt enforcing a debt that wouldnt do anything,how can they affect his credit file? It would have to go to court for that?

    Google "effect of CCJ on credit despite bailiffs not being able to claim a single penny and the fact that the money was owed with no defence being available"
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