Company asking for payment from 5 years ago due to their technical error!

abbydasher

Hi I have had a letter from a company whose magazine I subscribed to 5 years ago.

They tell me that though my card expired, due to a technical error on their part, they continued to send me their publication for 7 more months (7 issues).
This was in 2009.

I have just received a letter saying they would like me to pay for these (£48.07).

They say "rather than demand payment this letter is an appeal to your good nature and I am hopeful you will respond"

For ref it was on a debit card not a credit card if that makes any difference.

My question is: Given that they made a technical error, and it was 5 years ago, and the amount, they can't demand that I pay it anyway can they?

tinkerbell28

Well as you had the goods and didn't pay, their error or not. They've got 5 years on Scotland, 6 in England to enforce the debt.

So I'd just pay.

Tixy

If you had signed up to a subscription and not cancelled it then you are legally obliged to pay. And they could in theory commence court action against you. Whether they would be likely to for that level of debt is another matter.

If you had cancelled the subscription (and were not in a minimum term period) but they continued to send you magazines that would have been their error.

chattychappy

1) If the subscription expired and they just carried on sending it, then you DON'T owe them.

2) If you cancelled the subscription (within the terms agreed) and they just carried on sending it, then you DON'T owe them.

3) If the subscription was supposed to carry on until you cancelled it and you didn't cancel it, then you DO owe the money UNLESS there was some kind of provision that says the subscription will be ended if they fail to receive the money for any reason.

But perhaps the legal answer isn't really the best answer. I think my approach would be:

1) If I had enjoyed the magazine and knew that I should have been paying for it, then I would pay. If I was suffering hardship right now, I would offer to pay over time.

2) If I had enjoyed the magazine, but thought somehow it was free and if I knew I was going to have to pay would have cancelled it, then I would tell them and suggest we go halves.

3) If it was unwanted and I just binned it, then I would say sorry I don't want to pay because had I'd been billed properly I would have cancelled anyway. This may not be legally sustainable, but it seems they are asking for payment, not demanding it. So they are licensing you to say no!

Hominu

If your credit card had not expired, what you have been happy to receive the publication for a further 7 months?

Legally, they could push for payment for 6 years, but they probably will not bother for the amount requested.

So I'd probably reply saying that I accept there letter and would agree to pay 50% of the amount owed, or a suitably rounded figure like £25.

jonesMUFCforever

Why would they suddenly stop sending after 7 issues?


Don't think we have the full story here.