Is this legit?

stef_84

i bought a bed in the last week of June and paid by debit card. They never took the money out of the account so after 6/7 weeks had passed i got in contact with the company. After a few emails i was put through to lloyds complaints department. Now a few weeks later after lots of emails both ways i have been told it looks like i wont be charged for this transaction. Does this mean i get the bed for free? I am willing to pay and still have the money in the account to pay for this but if they dont want th emoney i can use it in other ways but i want to make sure they wont get in touch in a month or two asking for payment.

somethingcorporate

They have 6 years to recover the debt.

stef_84

i know they have 6 years to get it but the companys bank said


I have just had conversation with my Manager and she has informed me that you are more than likely not to get charged for the transaction.

Thanks




im just trying to make sure i dont get bank charges because of this

Elle7

That doesn't mean much...it might, if they said that you wouldn't get charged, be able to use that in defence if they ever did try to recover the money. But that doesn't...I'd keep the money there or ask them to guarantee that you won't get charged.

arcon5

If the bank said that, they probably mean your card hasn't been charged for this transaction.

Why are you talking to their bank when it will be the company that take your money/charge your card? :huh:

I doubt they will let you have the bed for free. This has to be miscommunication. If though the company themself explicitly state you no longer have to pay then they can't change your mind later on and demand the money, it would be covered by 'Estoppel'.

stef_84

i got in contact with the company through their website and then the case was sent to the banks complaint department as they couldnt find a record of the transaction. i will reply and ask for an explicit guarentee that the company wont try and get the money

somethingcorporate

Even if they gave this "guarantee" they can still bill you as you have not provided any consideration for the contract. You still owe for the goods, end of story.

Sounds like an admin error with their bank, doesn't mean they couldn't send you a paper invoice that you have to pay. There is a contractual obligation you to satisfy this debt regardless of the method.

arcon5

somethingcorporate wrote: »

Even if they gave this "guarantee" they can still bill you as you have not provided any consideration for the contract. You still owe for the goods, end of story.

Not necessarily. I think 'estoppel' will stop that.

Estoppel could arise in a situation where a creditor informs a debtor that a debt is forgiven, but then later insists upon repayment. In a case such as this, the creditor may be estopped from relying on their legal right to repayment, as the creditor has represented that he no longer treats the debt as extant.

somethingcorporate

arcon5 wrote: »

Not necessarily. I think 'estoppel' will stop that.

Indeed, but may require the services of an expensive solicitor to get it to stick!

At the end of the day getting confirmation that they will not take the money from the bank is not the same as saying they no longer owe the debt!

peachyprice

arcon5 wrote: »

Not necessarily. I think 'estoppel' will stop that.

Quote:Estoppel could arise in a situation where a creditor informs a debtor that a debt is forgiven, but then later insists upon repayment. In a case such as this, the creditor may be estopped from relying on their legal right to repayment, as the creditor has represented that he no longer treats the debt as extant.

Estoppel could arise in a situation where a creditor informs a debtor that a debt is forgiven, but then later insists upon repayment. In a case such as this, the creditor may be estopped from relying on their legal right to repayment, as the creditor has represented that he no longer treats the debt as extant.

Although reading OP's post #3, it's the bank saying the payment is unlikely to be taken, not the creditor saying they're not going to take payment.

Surely a bank would not have the power to put their own customer, the shop, in a position whereby they will lose out as they are not a creditor of OP?

arcon5

somethingcorporate wrote: »

Indeed, but may require the services of an expensive solicitor to get it to stick!

At the end of the day getting confirmation that they will not take the money from the bank is not the same as saying they no longer owe the debt!

peachyprice wrote: »

Although reading OP's post #3, it's the bank saying the payment is unlikely to be taken, not the creditor saying they're not going to take payment.

Surely a bank would not have the power to put their own customer, the shop, in a position whereby they will lose out as they are not a creditor of OP?

I was referring to if the company gave her the guarantee that she doesn't have to pay.

I agree if they don't they can chase her for the money and what the bank may tell op is of absolutely no irrelevant as they they have any rights to do so.