H & M Credit without permission

buster1312

The advisor on the phone said that they are going to change their policy of doing this, which surely means I am not the only person who finds this an unacceptable way to do business.

Foggster

buster1312 wrote: »

It's not that I don't think I should pay for them, it's that I thought I had and 3 months later I am being pursued for it. I can not believe that there is no protection for consumers from this.

How did you think you had paid when nothing had come out of your bank account? Had they charged you twice would you have noticed?

buster1312

The payment went out over Christmas with a whole load of others. The account was within the reasonable amount of what had been debited out. Apart from for my own protection surely the onus is not on me to check if they have taken payment. Positive visa transaction plus goods and no communication surely means goods paid for.

zppp

buster1312 wrote: »

Apart from for my own protection surely the onus is not on me to check if they have taken payment.

Why yes it is actually from a legal point of view.

I have trawled to find the conditions for you and found this;

7. Payment methods

With us, you decide how you want to pay for your goods, whether before or after delivery. You pay for your goods exactly as it suits you and you decide how to pay at the checkout. You can choose from any of the options below, provided H&M has authorised you to use that method. Please note that H&M Shop Online do not accept cash/cheques. If you wish to pay by cash/cheque please pay at your bank or a Barclays bank using your payment slip.
Payment before delivery:

7.1. You can enter your payment details at the time you place your order using a vaild credit or debit card (VISA, MASTERCARD). Payment will not be taken from your card until the goods are dispatched.
7.2. H&M reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of the checks.
Payment following delivery:

7.3. If you would prefer to pay for your goods following delivery, this can be done in various ways as set out below.
7.4. H&M reserves the right to check your application for payment following delivery and to refuse it, limit it, demand an advance payment or offer an alternative method of payment.
7.5. We will make searches of your details with credit reference agencies and fraud prevention agencies when you apply for payment following delivery with us or any significant increase in your credit limit and periodically to manage your account. When a credit reference agency receive a search from us they will place a search footprint on your credit file that may be seen by other organisations. We will also share your personal data with credit reference agencies, fraud prevention agencies and other similar bodies in relation to the use of your account. You can read more about how your data is used in our privacy protection policy.
7.6. We will initially authorise payment following delivery for orders of up to £200 or £400, depending on the results of your credit rating check. This limit may be increased up to a maximum of £1,000 at H&M's discretion. The charges and rates of interest specified below may be varied from time to time by notice from H&M to you.
7.7. More details in relation to payment following delivery are available here.
A. Payment slip in parcel

Together with the invoice for your goods, H&M will enclose a payment slip in the parcel containing your goods. The invoice will show the amount due together with VAT and delivery charges. Payment using the giro form is due within 20 days from the date of the invoice.
If you do not pay the invoice within 20 days from the date of the invoice, the payment method will be automatically transferred to the “Payment with monthly invoice" method, as set out under (B) below.
B. Payment with monthly invoice

If you decide to open a monthly account with us, all purchases made by you during a calendar month are detailed in a single invoice, which is sent to you the following month. The amount on the invoice is due for payment at the end of the month in which the invoice is sent.
Provided the invoice is paid when due, you pay no interest on the monthly account, only an invoice fee of £1.25 per invoice.

If you do not wish to pay the amount of the invoice in full at the end of the month in which you receive the invoice, you can instead apply to pay by instalments, as set out under (C) below.
C. Payment in instalments

Payment in instalments enables you to pay the purchase price for the goods in instalments. There are no invoicing fees when paying by instalments, however H&M will charge interest on your account balance. The current annual percentage rate of interest is 24.9% and the applicable monthly rate is 1.87%.

The first instalment is due at the end of the month following the month in which the order was placed. Further instalments, of a fixed amount, will fall due at the end of each following month until the total amount is finally paid off. On the last instalment you naturally only pay the amount that is actually outstanding.

Around the 10th of each month H&M will send you a statement of account, which shows the minimum instalment amount to be paid in addition to the amount still outstanding.

The minimum monthly instalments are based on the statement sum and calculated in accordance with the table below, although you may make higher payments if you wish:


Statement sum (incl. shipping costs and any other charges)Monthly minimum instalment £ 0.01 to 50.00£ 5.00 £ 50.01 to 75.00£ 7.00
£ 75.01 to 100.00£ 9.00 £ 100.01 to 150.00£ 13.00 £ 150.01 to 200.00£ 18.00 £ 200.01 to 250.00£ 23.00 £ 250.01 to 300.00£ 27.00 £ 300.01 to 350.00£ 31.00 £ 350.01 to 400.00£ 35.00 £ 400.01 to 450.00£ 40.00 £ 450.01 to 500.00£ 44.00 £ 500.01 to 550.00£ 48.00 £ 550.01 to 600.00£ 53.00 £ 600.01 to 700.00£ 62.00 £ 700.01 to 800.00£ 70.00 £ 800.01 to 900.00£ 79.00 £ 900.01 to 1000.00£ 88.00
If we authorise you to pay by instalments, you are required to sign a consumer credit agreement which is governed by the Consumer Credit Act 1974. Further information relating to payment by instalments is available here.

Foggster

buster1312 wrote: »

The payment went out over Christmas with a whole load of others. The account was within the reasonable amount of what had been debited out. Apart from for my own protection surely the onus is not on me to check if they have taken payment. Positive visa transaction plus goods and no communication surely means goods paid for.

No it doesnt. They sent you goods in good faith after it would appear there was an error in processing your payments. To ensure you received your goods they set up a credit account for you. You got your goods and now they want payment. You have not lost out. Pay for the goods and ask them to cancel the credit agreement.

buster1312

Thanks zpp for the terms and conditions. In their T & C it states, ' you decide how you want to pay for your goods, whether before or after delivery. You pay for your goods exactly as it suits you and you decide how to pay at checkout.' I did decide. They then over road that decision and skipped me to a 'payment with monthly invoice' without my permission. I am going to pay the amount but I am going to take the complaint of credit without permission further.

Foggster

buster1312 wrote: »

Thanks zpp for the terms and conditions. In their T & C it states, ' you decide how you want to pay for your goods, whether before or after delivery. You pay for your goods exactly as it suits you and you decide how to pay at checkout.' I did decide. They then over road that decision and skipped me to a 'payment with monthly invoice' without my permission. I am going to pay the amount but I am going to take the complaint of credit without permission further.

Have you still got a copy of the email that confirmed payment? This may be crucial in your complaint.

I have ordered from H&M in the past and have received a confirmation email with details of payment. Did yours say that payment had been received?

buster1312

Yes I have email confirmation it says method of payment debit/credit card. Thanks for that will send it with my complaint.

Foggster

buster1312 wrote: »

Yes I have email confirmation it says method of payment debit/credit card. Thanks for that will send it with my complaint.

Ring your bank as well and ask them why the payment was declined.

buster1312

Will do. Thanks again