How long does a company have to reclaim an incorrect refund

pookiefatcat

Last June/July my holiday to Tunisia was cancelled but the tour company were vague about the refund so my credit card implemented a charge back and the refund was paid back to my credit card. However, two weeks later the tour company also issued the refund. Since this time I have therefore been credited twice for the holiday. The tour company are out of time to query the charge back but how long do they have to reclaim the incorrect refund directly from me? They really gave the run around at the time and I was told a lot of lies so I have no inclination to contact them myself. Would just like to know how long they have to pursue me.

sjbrun

They have up to 6 years to pursue you.

tomtontom

They really gave the run around at the time and I was told a lot of lies so I have no inclination to contact them myself.

Great attitude OP - if you're twelve years old.

Give them a call and advise them of the error, or send a cheque to them. Far less hassle to resolve the matter quickly.

discat11

I think I'd only have no inclination myself if the amount of lies and running around exceeded the amount of the erroneous refund.

Otherwise you're clearly aware the refund is incorrect and the money isn't legally yours however so it's up to you what you do with it according to how well your moral compass is operating.

bod1467

They have 6 years from date of transaction (under English law, 5 years from discovery under Scottish law) to pursue you for the amount.

You have no legal liability to advise them of the error. Morally ......

powerful_Rogue

Another MSE thief trying to justify thier immoral actions.

bris

You should also know that by spending it you could be committing a criminal offence as you know it's not your money. It's call "retaining lawful credit" and yes you can be charged and possibly jailed for it.

powerful_Rogue

bod1467 wrote: »

You have no legal liability to advise them of the error. Morally ......

Dishonestly retaining a wrongful credit.

(1)A person is guilty of an offence if—

(a)a wrongful credit has been made to an account kept by him or in respect of which he has any right or interest;

(b)he knows or believes that the credit is wrongful; and

(c)he dishonestly fails to take such steps as are reasonable in the circumstances to secure that the credit is cancelled.

Statutory Limitations & Maximum Penalty: 10 years imprisonment

daytona0

Funny how much information you can find out about someone based on just two forum posts

OP, you've shared enough data on this forum to be matched in real life. Be advised that a fraud expert for either the CC or the Canadian government COULD be all over this...

P.S. You seem to have a good job! Stuff may hit the fan if someone gets in contact with them.... (I would never do such a thing, as you are earning a crust (and probably a good one at that) to support your family, but others may do).

The trick with stealing is to either do it and DON'T SAY A WORD, or just don't do it... That's a Liverpool thing, maybe also a London thing but probably not the Ontario one....


[to the MSE mods I'm trying to encourage OP to do the right thing and pay back the money, and also to exercise more caution in their online profile]

discat11

Yes Mrs DS, I am no geek but it took me 20 seconds to see your real name, marital status and a give me a reasonable idea of your exact home location.
The internet is way too small a place to confess to possible criminal acts to all & sundry.

Pay it back and look like a good guy before you're back on the web looking for sympathy for a very valid prosecution.

daytona0

discat11 wrote: »

Yes Mrs DS, I am no geek but it took me 20 seconds to see your real name, marital status and a give me a reasonable idea of your exact home location.
The internet is way too small a place to confess to possible criminal acts to all & sundry.

Pay it back and look like a good guy before you're back on the web looking for sympathy for a very valid prosecution.

I think you found the husband! The OP seems to be a Mrs CS

I am tempted to send her a FB message but in honesty this post will probably disappear within the next few hours. Quoting OP for reference:

pookiefatcat wrote:

Last June/July my holiday to Tunisia was cancelled but the tour company were vague about the refund so my credit card implemented a charge back and the refund was paid back to my credit card. However, two weeks later the tour company also issued the refund. Since this time I have therefore been credited twice for the holiday. The tour company are out of time to query the charge back but how long do they have to reclaim the incorrect refund directly from me? They really gave the run around at the time and I was told a lot of lies so I have no inclination to contact them myself. Would just like to know how long they have to pursue me.