Tesco refunded me when they had not taken any money! Advice Needed!

Hello All, i hope this is the correct place to post this!

Back in May we ordered a Dyson Vacume cleaner from Tesco Direct as it was a great deal, possibly a miss price.

The next day i got an email saying the order had been cancelled due to a technical error. It said that no money had been taken from my credit card.

Then in June, my girlfriend received a phone call saying that the order was going to be refunded within 7 days. On the 15th of June, £150 was credited to my credit card.

Today i received a call telling me they were going to take the money back as they had credited to us by mistake. I told them i did not give them permission and they had to send me something in writing.

Im just wondering if i actually have to give them the money back? The woman on the phone was quoting from the terms and conditions that we had agreed to saying that the contract was for them to supply goods that we never received.

Do i have a leg to stand on?

James
Mortgage Free 22/03/17
MissWillow is my OH!

Comments

  • shellsuit
    shellsuit Posts: 24,749 Forumite
    Part of the Furniture 10,000 Posts Photogenic Combo Breaker
    Of course you have to give them the money back.

    If you ordered something, paid and they couldn't send the item, wouldn't you expect your money back?
    Tank fly boss walk jam nitty gritty...
  • TonyMMM
    TonyMMM Posts: 3,421 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It is money paid to you in error, which you appear to be well aware of - on what basis do you think you would have any right to keep it ?

    You will have to pay it back - they may agree to take it in instalments, if you claim hardship, but they are under no obligation to do so.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Tesco refunded me when they had not taken any money!


    No they haven't as they couldn't issue a refund if you had not paid in the first place.
    What they have done is to have mistakenly made a payment to your credit card.

    This is no different to someone making a bank transfer and making a mistake when they write the account details, with the result being the money ending up in the wrong account.

    Neither the person who made the error nor the bank have the legal right to remove the money from the wrong account, but neither does the account holder have legal title to the money.
    They can either return it voluntarilly, or wait until the payee gets a court order forcing them to return it, but unless the account holder can show that they are entitled to the money, they will not get to keep it.
  • JimLad
    JimLad Posts: 950 Forumite
    Part of the Furniture 500 Posts Combo Breaker Mortgage-free Glee!
    OK, i will give them the money back!

    No need to be rude!
    Mortgage Free 22/03/17
    MissWillow is my OH!
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    JimLad wrote: »
    OK, i will give them the money back!

    No need to be rude!

    Sometimes there is every need to be rude.
    You received money which you knew was sent in error and the company concerned has already contacted you asking for it to be returned, yet you still came on here asking if you had to return it.

    You were quick enough to ask for help when the shoe was on the other foot.

    http://forums.moneysavingexpert.com/showpost.php?p=34048043&postcount=1
  • hcb42
    hcb42 Posts: 5,962 Forumite
    TonyMMM wrote: »
    It is money paid to you in error, which you appear to be well aware of - on what basis do you think you would have any right to keep it ?

    You will have to pay it back - they may agree to take it in instalments, if you claim hardship, but they are under no obligation to do so.

    Agreed. Although no grounds for claiming hardship either, as it was his credit card they credited in error.
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