M and S claim they didn't take the money

Dontlikemands

Hi, looking for some legal advice on a frustrating situation.

In August 2009 (yes 2009) I ordered some furniture from M and S. Long story short, it took months and months of complaints and issues to eventually take delivery in Feb 2010 at which time M and S did provide £50 in vouchers as compensation. During the disputed period, I insisted that M and S give me back my money on my credit card until delivery was made (Which they eventually agreed to and did.)

I just received a call from M and S today stating that I still owe them the money. BTW this is after they just tried to take the cash form my credit card TWICE in the last week (Thankfully that card has expired). I was pretty sure that I had paid them and I need to do some more digging around bank accounts and cc bills etc, but wanted to ask if,

Can they legally demand payment after 2 years? (I think yes, that they have 6 years but wanted to check).

Can they legally use that card to try to obtain payment two years after the transaction? (I have no clue how this works.)

Thanks for any of your knowledge.

Evilm

Yes, 6 years since last contact. Sorry

McKneff

Yes, they do have 6 years to demand payment.

If you had paid it, you would normally have got a receipt.
Presumably if you intended paying it on your CC and got it refunded, then you would presumably want to pay it the 2nd time with your CC.

Your CC company would be able to confirm whether you did or not.

arcon5

Yes they can.

If you authorised them to use the card to take payment then I can't see how it would be unauthorised.

Just pay the balance (obviously verify they never took payment first) and move on

Valli

surely you would remember that you never paid?

or that you did?

DVardysShadow

What are you looking for

• You didn't pay the money back after delivery and you want to know how to get away with it
• You did pay the money back after delivery and you want to know how to argue your case

You need to be clear about whether you paid the money back after delivery, so that the appropriate advice can be given.

BlueAngelCV

I think the OP is pretty clear that they think that they paid (ie M&S took the money back after delivery) but that they are checking. I certainly can't remember details from 2 years ago!

OP, as has been said they are entitled to claim the money back if you haven't paid.

I'm not sure about trying to take if off your card 2 years later. I thought there was a deadline for these things (like where cheques can't be banked after a certain time) but I'm not sure. Luckily it hasn't caused you any problems but it could have done if they'd tried to take the money & it took you over your limit.

DVardysShadow

BlueAngelCV wrote: »

I think the OP is pretty clear that they think that they paid (ie M&S took the money back after delivery) but that they are checking. I certainly can't remember details from 2 years ago!

OP, as has been said they are entitled to claim the money back if you haven't paid.

I'm not sure about trying to take if off your card 2 years later. I thought there was a deadline for these things (like where cheques can't be banked after a certain time) but I'm not sure. Luckily it hasn't caused you any problems but it could have done if they'd tried to take the money & it took you over your limit.

OK, it seems that OP thinks they paid. But is trying to base the argument for rebuffing the new request for payment on it being 2 years ago. This is a very bad way of defending against this sort of claim. M&S will think you are wriggling and really owe the money. Perhaps to the point that they take it to court - which they have 6 years to do.

The argument to make is that the money was paid.

Dontlikemands

Thanks all,

It was as I guessed. Blue Angel thanks for your empathy. I don't remember what I was doing yesterday, let alone 2 years ago and there were extenuating circumstances at the time.

I honestly don't recall feeling flush in my cc account around the time but I must dig some more, in case I made payment another way.

Having said that, I do feel that I want to take the opportunity to make it as difficult for the company as possible, given the pain in buying in the first place, and the inconsideration they have shown recently by trying to take without asking.

So remember readers, M and S on line stinks in comparison to so many other major (and minor) retailers in the UK. I told them at the time that I would not use them again, and continue to encourage others to be careful when putting their trust in this brand.

My very best regards to all and thanks.

societys_child

. . . . on the other hand, you got £50 for your trouble and 2 years free credit!
That's assuming that you didn't pay of course. Hope you find the receipt