Legalities and Timing of Charging a Payment Card

Glassman

What, if any, are the legalities/rules of charging a (debit) card when an order is placed?

I find myself in a position where a car parts supplier has taken payment (via my debit card) for a windscreen which they have not delivered. The initial indication (before payment) was that there was no issue and a their normal lead time of 24-48 hours would apply. On this basis, I confirmed the order and made the payment. They then said they would call me once they had taken stock of the windscreen. This was on 22nd April.

On day FIVE, I called for an update. There was no windscreen. In fact, according to the chap I spoke to it was still in Bulgaria whilst remaining "on back order". He couldn't tell me when I would get the screen or how far along the process my order was, however he was 'hopeful' for "a" delivery to arrive on the 1st May, and that "with a bit of luck" the windscreen would be in that container. He also promised me he would keep me posted.

This morning - as I await an update - I checked my bank statement and note that they have taken full payment for the windscreen. This shows as a debit on 23rd April, ergo the transaction would have been completed within 24 hours of confirming the order.

Had I had known about a delay (back order scenarios could go on for weeks or months) I may not have committed to the purchase, and more importantly, indicated to my customer (for whose car this windscreen is).

Is there such a ruling on POS and card payments? It's clear they have failed to notify my of the correct lead time and I will complain about this to their head office, but have they acted within the legalities on POS?

eskbanker

Your issue is really all about broken promises following paying in advance rather than card payment per se, in that you'd have experienced exactly the same issue if you'd paid by cash or cheque. I'm not aware of anything that would mandate payment to be on delivery and many organisations (holiday companies in particular) insist on full payment well in advance of fulfilment.

Having said that, if things roll on and nothing is delivered at all, then paying by card does bring into play the possibility of chargeback if the supplier is uncooperative, but that's a different issue....

pooch

Glassman wrote: »

What, if any, are the legalities/rules of charging a (debit) card when an order is placed?

I find myself in a position where a car parts supplier has taken payment (via my debit card) for a windscreen which they have not delivered. The initial indication (before payment) was that there was no issue and a their normal lead time of 24-48 hours would apply. On this basis, I confirmed the order and made the payment. They then said they would call me once they had taken stock of the windscreen. This was on 22nd April.

On day FIVE, I called for an update. There was no windscreen. In fact, according to the chap I spoke to it was still in Bulgaria whilst remaining "on back order". He couldn't tell me when I would get the screen or how far along the process my order was, however he was 'hopeful' for "a" delivery to arrive on the 1st May, and that "with a bit of luck" the windscreen would be in that container. He also promised me he would keep me posted.

This morning - as I await an update - I checked my bank statement and note that they have taken full payment for the windscreen. This shows as a debit on 23rd April, ergo the transaction would have been completed within 24 hours of confirming the order.

Had I had known about a delay (back order scenarios could go on for weeks or months) I may not have committed to the purchase, and more importantly, indicated to my customer (for whose car this windscreen is).

Is there such a ruling on POS and card payments? It's clear they have failed to notify my of the correct lead time and I will complain about this to their head office, but have they acted within the legalities on POS?

This probably would have been better on the consumer rights board.

As fair as I know, the supplier can chage you as soon as you provide the card details, although some suppliers will state in their terms they will only charge the card when the item is ready for dispatch.

Have you spoken to the supplier since? Have they provided you with an anticipated delivery date yet? If not and they are still unabble to, will they consider voiding the contract and refunding you in full so that you can order the part elsewhere?

Legally all you can do is refer to the contract you entered into as to your right to cancel (statutory rights are unaffected).
But unless it was stipulated that 'time was of the essence' in this contract, the the supplier is not in breach. Without agreeing the date of delivery before agreeing the contract, you could not have made 'time of the essence'

Unfortunately you are now outside of DSR timing to cancel too.


What car is this you are looking for a windscreen for? One that is allegedly coming from Bulgaria? Did you try the usual auto-windscreen specialists? Normally they can get most windscreens within about 48 hours if not sooner. I know when they needed to order mine (as it was heated) they did not charge me until it was actually fitted.
Fitting windscreens is not really a d-i-y job nowadays what with bonded screens, etc. I just leave it to the boys who do it all day long and have all the necessary equipment to hand

Glassman

pooch wrote: »

What car is this you are looking for a windscreen for? One that is allegedly coming from Bulgaria? Did you try the usual auto-windscreen specialists? Normally they can get most windscreens within about 48 hours if not sooner. I know when they needed to order mine (as it was heated) they did not charge me until it was actually fitted.
Fitting windscreens is not really a d-i-y job nowadays what with bonded screens, etc. I just leave it to the boys who do it all day long and have all the necessary equipment to hand

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