Card Transaction Failed But Company Thinks I've Paid - What To Do?

TerminalJunkie

Sorry if this is in the wrong section, posting on behalf of a friend who's looking for some advice

They had some work done at their home and paid by credit card using one of those portable terminals. The terminal was playing up but after a couple of attempts the transaction looked to be processed and the guy went on to the next job.

This was just over a week ago, they've checked their card account online and it looks like the transaction failed / was canceled, for some reason they have both the customer and merchant parts of the card receipt which seem to confirm this.

From a legal point of view where do they stand should the company spot their error?

Johnnytwostep

If it has failed and they therefore have not paid for the work, why would you not rectify it by paying.
Do they really think they will get away with not paying because of a card machine error?

Funky_Bold_Ribena

They stand...owing the company money. Where else?

TerminalJunkie

In all fairness i believe they will get in touch with the company and settle the bill - we were chatting about it this afternoon and just wondered what the actual legal situation was, I've always been led to believe that if the error is on their part its completely different to the the customer actively avoiding payment but they thought otherwise.

Slowhand

TerminalJunkie wrote: »

Sorry if this is in the wrong section, posting on behalf of a friend who's looking for some advice

They had some work done at their home and paid by credit card using one of those portable terminals. The terminal was playing up but after a couple of attempts the transaction looked to be processed and the guy went on to the next job.

This was just over a week ago, they've checked their card account online and it looks like the transaction failed / was canceled, for some reason they have both the customer and merchant parts of the card receipt which seem to confirm this.

From a legal point of view where do they stand should the company spot their error?

You say they tried to process the transaction a couple of times. From a legal point of view if both of the attempts go through where do you think your mate would stand legally?

Slowhand

TerminalJunkie wrote: »

In all fairness i believe they will get in touch with the company and settle the bill - we were chatting about it this afternoon and just wondered what the actual legal situation was, I've always been led to believe that if the error is on their part its completely different to the the customer actively avoiding payment but they thought otherwise.

If your mate accidently pays twice do you think it's ok legally for him to take the hit as it's his fault?

Johnnytwostep

I would imagine when they realised that the payment had been refused, contact the person to ask them to pay.
If they then refused to pay through some notion of it being the company's fault and therefore do not have to pay, court would probably be next, which may cost the customer more than the initial bill.

Bizarrely this is not the first thread on here along the same lines, and they always amaze me.

TerminalJunkie

Slowhand wrote: »

If your mate accidently pays twice do you think it's ok legally for him to take the hit as it's his fault?

Interesting argument... In their situation / example above I'm guessing its rather difficult to accidentally pay for something twice but personally if it was down to a wonky card terminal i'd say it was still the company's error - they should ensure their staff are trained to use the machine and that its working as it should so the customer should be refunded.

On the flip side if posted a cheque one day, had a brain fart and then posted another the next but didn't realise until a few weeks later whilst i'd probably ask for a refund i wouldn't demand it as the error was clearly mine.

TerminalJunkie

Johnnytwostep wrote: »

I would imagine when they realised that the payment had been refused, contact the person to ask them to pay.
If they then refused to pay through some notion of it being the company's fault and therefore do not have to pay, court would probably be next, which may cost the customer more than the initial bill.

Bizarrely this is not the first thread on here along the same lines, and they always amaze me.

Fair point but they aren't trying to avoid anything - they only realised what happened this afternoon and as we both had differing thoughts i decided to post here for some feedback.

I know for sure that if the company approached them they'd pay but for the sake of argument suppose my friend hadn't spotted the missing transaction and the company took months to notice their mistake where does everyone stand?

bengal-stripe

TerminalJunkie wrote: »

From a legal point of view where do they stand should the company spot their error?

If the company does not spot the error and demands pyments within the next six years (Statute of Limitations), you (oops, of course: your friend) can keep the dosh.

Until then, payment is due when requested.

Slowhand

TerminalJunkie wrote: »

Interesting argument... In their situation / example above I'm guessing its rather difficult to accidentally pay for something twice but personally if it was down to a wonky card terminal i'd say it was still the company's error - they should ensure their staff are trained to use the machine and that its working as it should so the customer should be refunded.

On the flip side if posted a cheque one day, had a brain fart and then posted another the next but didn't realise until a few weeks later whilst i'd probably ask for a refund i wouldn't demand it as the error was clearly mine.

I was thinking more along the lines of both the husband and wife sending off a cheque to settle the bill, each settling it in full and realising this sometime later. Of course they should get their overpayment back a price was agreed and there has been an overpayment, Similarly in your friends situation a price was agreed and it should be paid.