Online Order one year ago now require payment!

unholyangel

baza52 wrote: »

So if the OP were owed money by the company would you advise them to give the company more time to pay because its christmas?

The debt is not 5 days old is a year..... If the OP had disputed getting the goods then its time to not pay. If they got the goods they have to pay.
The OP agreed to buy goods for x price. Just because payment wasnt taken at the time of sale it does not mean they got it for free. The ammount is still due.

If i had borrowed a tenner from you and you took a year to ask for it back, would you allow me time to pay. of course not. its hardly your fault i hadnt payed what i owed you before is it.

Thumb never advised not to pay. He advised the OP that IF they were going to have trouble getting the money together at short notice, that they should contact them asking for more time to pay. OP has also been advised to check his bank statements to ensure he has not already paid .

If you borrowed a tenner and took a year to pay it back, the length of time it had taken to pay it back would be partly my fault. If I hadnt made you aware it was still owed and that payment was required, how would you know payment was due?

End of the day if the seller took the OP to court what would they say? They're willing to pay, they just asked me for 30 days to get the money together? Do you honestly think there is any way that wouldnt get thrown out for wasting the courts time? Part of ANY contract - even if it is not an express term is an implied duty of care. It could be argued that they were in breach of their statutory duty of care if they were demanding payment within an unreasonable time frame. And the reasonableness of each parties actions would be taken into consideration.

baza52

Oh, so if I were to lend you a tenner and forgot to ask you for it back. it would be my fault as i hadnt made you aware you still owed it. Would it not be reasonable to expect the borrower to know the debt was repayable?

unholyangel

baza52 wrote: »

Oh, so if I were to lend you a tenner and forgot to ask you for it back. it would be my fault as i hadnt made you aware you still owed it. Would it not be reasonable to expect the borrower to know the debt was repayable?

I said partially, not that it would be their sole responsibility.

And being honest? If that person was "borrowing" and lending money on a regular basis? Then no, i wouldnt expect them to remember if a singular transaction from a year ago was still due - especially if they had a faithful payment process set up - such as card debiting (that i was supposed to action) or direct debit (that i am supposed to process).

shaun_from_Africa

If i had borrowed a tenner from you and you took a year to ask for it back, would you allow me time to pay. of course not. its hardly your fault i hadnt payed what i owed you before is it.

How about looking at it a slightly different way.

Say you borrowed a tenner from me, and in order to repay me, you gave me a post dated cheque with the agreement that I would present it for payment in 4 weeks.

I might then forget to pay the cheque in, but unless you checked your bank account very carefully you might not notice that the £10 hadn't been debited from your account and as far as you were concerned, you had repaid the original debt.

This is basically what has happened to the OP.
They purchased an item with payment due at a future date and they gave the seller the means to obtain the money from them(their credit card details).

I make many dozens of CC purchases each month and in all honesty, I probably wouldn't know if a purchase I had made didn't appear on my monthly statement.
I would probably notice something for a purchase that I didn't make, but not a missing transaction.


(and I'm not posting on Christmas morning because I'm sad!. I'm posting cos I'm stuck at work getting very bored)

arcon5

baza52 wrote: »

So if the OP were owed money by the company would you advise them to give the company more time to pay because its christmas?

The debt is not 5 days old is a year..... If the OP had disputed getting the goods then its time to not pay. If they got the goods they have to pay.
The OP agreed to buy goods for x price. Just because payment wasnt taken at the time of sale it does not mean they got it for free. The ammount is still due.

If i had borrowed a tenner from you and you took a year to ask for it back, would you allow me time to pay. of course not. its hardly your fault i hadnt payed what i owed you before is it.

YES!!! But id i'm borrowing or lending money I always agree on a time period to pay it back or have it paid back. If no time as agreed I wouldn't come up to you at the most expensive time of year and demand its paid on demand! Unless ofcourse a date was agreed to repay it.

Not really a great comparison to ops situation though... considering op was under the impression it had been paid for and the mistake was caused by them. And the time of year is relevant to the ability to pay it... people are stretching their budgets, spending more money than others times of the year, things are tight!

ThumbRemote

The analogy with borrowing money doesn't work properly, as the OP has attempted to pay the money - they have given the retailer the payment details, it's simply the retailer that forgot to take the money.

It's more like a friend lends you £10, the next week you're in the pub so you give them your wallet and tell them to take £10 while you pop to the toilet. When you return, your wallet is at your seat so you put it away.

Over the next year you see your friend many times, and indeed he lends you some more money, you repay it, all is well.

Then finally one night he turns up at your house demaning his money back NOW, irrespective of whether you have it or not.

shaun_from_Africa

It's more like a friend lends you £10, the next week you're in the pub so you give them your wallet and tell them to take £10 while you pop to the toilet. When you return, your wallet is at your seat so you put it away

.

You must drink in a very upmarket pub.
Around here you would be very lucky to still find your pint after returning from the loo. You'd have no chance of finding your wallet.

unholyangel

shaun_from_Africa wrote: »

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You must drink in a very upmarket pub.
Around here you would be very lucky to still find your pint after returning from the loo. You'd have no chance of finding your wallet.

My aunt once walked away from a ATM without taking the cash.......she called necessary people, checked with shops around the ATM to see if anyone had handed it in and nothing. Few days later got a call from local police station, guy behind her at the ATM had taken it and (not trusting shop keepers to give it to her etc) had handed it in at the police station. £200 cash.....there's probably some normally "honest" people that wouldn't have turned that in.

Those kind of things kind of restores your faith that not everyone is out to rob you Although you should probably keep in mind that some are :rotfl: