refunded by mistake

firewalk61

Not sure where to put this thread so choose this one. I wanted to know where i stand legally with this. In March time last year 2018 i was receiving quotes to purchase a product from a company. I decided not to go ahead with the purchase (£900 of goods) i then received an email a few days later to say when i would like the product as they had received payment for it ( i had previously issued my card details but had not followed through to place order) I told them i no longer needed the product because they had basically messed me about and asked them to refund me anything that had been taken. They told me they would issue the refund amount of £900 on the next payment run.
I have thought no more on this until a few days ago when i received an email from the company saying that no payment was ever taken from my account and they issued the refund by mistake. Upon checking my accounts this is correct.
Do i legally have to make this payment back to them? if so how long do i get to pay the amount back?

[Deleted User]

Yes, of course you're legally required to pay them. It's not your money.

If you cannot afford to pay in one go, speak to them about splitting it over a couple of months, but be careful not to mess them about too much, in case they lose patience.

firewalk61

I thought that would be the case. I can not afford to pay it back in 1 payment right now so hopefully they will accept a re-payment over a few months

DUTR

firewalk61 wrote: »

I thought that would be the case. I can not afford to pay it back in 1 payment right now so hopefully they will accept a re-payment over a few months

?????? If they have credited the CC then them taking it back, just puts you back where you were before the transaction.

Nasqueron

DUTR wrote: »

?????? If they have credited the CC then them taking it back, just puts you back where you were before the transaction.

Yes but OP has obviously somehow missed the fact they got £900 back without spending anything and spent the money. As above I'd recommend asking them nicely for a payment plan or see if you can get something like a 0% money transfer card to get the cash in your account if they demand it all in one go.

DUTR

Nasqueron wrote: »

Yes but OP has obviously somehow missed the fact they got £900 back without spending anything and spent the money. As above I'd recommend asking them nicely for a payment plan or see if you can get something like a 0% money transfer card to get the cash in your account if they demand it all in one go.

I still don't get it (sort of) if it was via a CC, then it shouldn't affect naything (much)
eg I have a CC with a limit of £2k, my usual balance is say £1000, now company credits say £500 to the account, then a month later realises it was incorrect, they just take the monies back out.
If it's a bank account then that is different , I do recall a council had credited incorrectly a personal bank account, the recipient quickly transferred the monies and went on a spree, once the authority had realised their error, the recipient couldn't refund the total amount straight away, she did get in lawful trouble as it was not her money to spend, irrespective of the credit error.
To not notice the credit is not going to work in the OP's favour.

Voyager2002

The OP talked about "card details" but did not say it was a credit card. If it was a debit card, and if there was a lot happening with his bank account, then that might explain his failure to notice.


I must say, I cannot imagine how anyone could hand over card details and yet not buy the product: I suspect that in legal terms he did actually enter into a contract to buy the product and it is only the supplier's goodwill that is allowing him to cancel. So he ought not to push his luck over returning the refund.

bengal-stripe

firewalk61 wrote: »

.....as they had received payment for it.....I told them i no longer needed the product.....and asked them to refund me anything that had been taken.

Now, that's what is called sophistry!

Nasqueron

DUTR wrote: »

I still don't get it (sort of) if it was via a CC, then it shouldn't affect naything (much)
eg I have a CC with a limit of £2k, my usual balance is say £1000, now company credits say £500 to the account, then a month later realises it was incorrect, they just take the monies back out.
If it's a bank account then that is different , I do recall a council had credited incorrectly a personal bank account, the recipient quickly transferred the monies and went on a spree, once the authority had realised their error, the recipient couldn't refund the total amount straight away, she did get in lawful trouble as it was not her money to spend, irrespective of the credit error.
To not notice the credit is not going to work in the OP's favour.

He didn't say a CC but even if it was, given the time frame of 9 months, the firm cannot just take the £900 back off the card as that could cause him financial problems - hence they have to ask first. It's like if they don't process a payment on a card, after 6 months they have to get permission to make the debit.


Not noticing the credit (or forgetting they hadn't paid) obviously isn't a defence but he could at least ask for a help with a payment plan to pay it back.