H&M Website Order... Goods Delivered... H&M chasing payment.

mikeeee

Hello All,

I wonder if any of you could help on where I stand with regards to consumer rights/legal position etc.

I purchased a pair of shoes from the Versace H&M collection on the 17th November when the collection launched. It was pure pandemonium, as the website clearly couldn’t cope with the amount of traffic it was receiving and it kept timing out. After 17mins of refreshing I managed to place my order, during checkout I entered my payment details and it went to the Mastercard Secure thingy then timed out. I was quite annoyed at this point.... as the total collection sold out very fast.

20mins later I received an order confirmation from H&M confirming my order, payment method and that the shoe delivery date.

The shoes arrived on the 22nd November and were amazing and worth the stress! Anyhow, today I have received a letter from H&M saying.....

“Thank you for shopping at H&M. When we attempted to debit your card on the 17.11.11 the transaction was not authorised.
We ask that you please pay for your order using the payment slip provided. Please make payment to us within 20 days. Yours sincerely....”

Any ideas on where I stand? As they delivered the shoes and sent a confirmation email confirming payment.... even though the payment never went through (which I don’t understand why as the day before was my payday and there was plenty of funds in the account) do I still have to pay?

As they have emailed me confirming payment, and delivered the goods?

I appreciate your advice with this matter. Kind Regards

Michael xx

CynicalScotsman

Im not a expert, but if you don't pay i'm sure there will be potential for you to end up in court. I'd imagine this would be bad for you and your credit rating.

justifier

check your statement, was the money taken? if not there was obviously an issue with the site, you said yourself that the Mastercard secure timed out. Then you should send them the money, If your statement says that the money was taken, confirm with your bank that this has defiantly gone to them (it may just be sitting in the banks authorisation black hole and drop back into your account, if it hasn't already) And send them a copy of the statement explaining that the funds have been taken.

So in summary,

1. check statement
2a. if no money taken send money (otherwise it is theft)
2b. if money has been taken contact them telling them so
3. enjoy the shoes

Badger_Lady

If you haven't paid, you need to pay.

^ this feels a bit too obvious to say out loud :undecided

Optimist

If you owe it pay it....Simples really.

That is the legal position.

somethingcorporate

As above really. If you have the goods and you haven't paid then not a court in the land would say you could keep them without paying

dshart

I'm not sure what you want here, do you want the shoes for free now?

You state that "20mins later I received an order confirmation from H&M confirming my order, payment method and that the shoe delivery date." but then you go on to say "As they delivered the shoes and sent a confirmation email confirming payment" so unless you received another email, they never confirmed payment, they only confirmed your payment method, which from their recent letter to you it looks like your bank declined the payment.

I would suggest that you check with your bank as to why they declined the payment (you will probably find its because the transaction was not completed due to the timeout) and if you confirm that the payment was declined you make arrangements to pay for the shoes. The company have not been rude to you or are not threatening you with action yet, they are just pointing out that your bank declined the payment and that you still owe them for the shoes and have given you a way to pay.

mikeeee

Hello All,

Thanks for your reply... I guess I was just chancing to see if I could get them for free, as they delivered them without receiving payment. I'm happy to pay as they will be a talking point at my company function this xmas.... just a mission to pay them as they don't accept cheques, and I can't pay them over the internet/phone to clear the balance. I have to find a Barclays bank and pay using a giro (which is a bit of a mission given I only get Saturdays off).

Thanks again )

arcon5

dshart wrote: »

I'm not sure what you want here, do you want the shoes for free now?

so you ARE sure what op wants here

Op wants somebody to tell her it's okay to keep goods and not pay due to technical issues, because it's their fault.

It's also classed as theft I believe if you don't intend on paying them.... there was references to relevant legislation in another post in a somewhat similar situation, wealdrom I think? I can't find the post i'm referring to, but i'm sure they'll be kind enough to link to it themselves when they get here

Badger_Lady

mikeeee wrote: »

Thanks for your reply... I guess I was just chancing to see if I could get them for free, as they delivered them without receiving payment.

Cheeky mare Nice try!

vuvuzela

arcon5 wrote: »

Op wants somebody to tell her it's okay to keep goods and not pay due to technical issues, because it's their fault.

'She's' called Michael