time limit of a company taking payment from my account

Hannahb0704

Hi All - hopefully someone can advise me as the below just doesnt feel right (perhaps i’m wrong)
I ordered something online back on the 03rd feb and got an email from them The same day saying the order wasnt processed, so i left it and ordered somewhere else. Roll forward to today (over 2 months since order) and they have processed my order again and money taken from my account with delivery on the way. I don’t need these itmes anymore so i’ll return BUT I am interested to know if this is ok to do? I phoned them and they said it advises in their t&cs that they will reattempt the payment if the order doesnt go through so they may be covered by that, but over 2 months from the original order date with no email advising they would do it... seems a bit strange but any info would be appreciated for my understanding.

[Deleted User]

Hannahb0704 wrote: »

Hi All - hopefully someone can advise me as the below just doesnt feel right (perhaps i’m wrong)
I ordered something online back on the 03rd feb and got an email from them The same day saying the order wasnt processed, so i left it and ordered somewhere else. Roll forward to today (over 2 months since order) and they have processed my order again and money taken from my account with delivery on the way. I don’t need these itmes anymore so i’ll return BUT I am interested to know if this is ok to do? I phoned them and they said it advises in their t&cs that they will reattempt the payment if the order doesnt go through so they may be covered by that, but over 2 months from the original order date with no email advising they would do it... seems a bit strange but any info would be appreciated for my understanding.

If you didn't cancel the order yes it's fine. How were they to know you'd changed your mind.

Hannahb0704

Thank you for your response. Just to clarify when i originally ordered they sent me the email saying the order wasn’t processed and if i wanted to resubmit i needed to go onto my account and reorder, which i didnt do so assumed they wouldnt try to take it again. Sorry didnt put that in the first section but may not make a difference

Ben8282

Why exactly was the original order not processed?
This is a very vague term and requires further clarification.
If, for example, your credit card was declined it would not be reasonable for them to keep trying over and over again.
If however you were told that the item was out of stock and that they would process the order when the item once again was in stock and you accepted that and did not cancel the order then it would normally be ok.

Ben8282

Hannahb0704 wrote: »

Thank you for your response. Just to clarify when i originally ordered they sent me the email saying the order wasn’t processed and if i wanted to resubmit i needed to go onto my account and reorder, which i didnt do so assumed they wouldnt try to take it again. Sorry didnt put that in the first section but may not make a difference

Sorry had not read this when I wrote the reply above.
In this case they appear to have acted improperly.

Hannahb0704

Thank you. The email just said your order was not processed, please log in and resubmit. As i didnt do that i didnt think they would try again.

agrinnall

To answer your headline question, they have 6 years to take the money, but they should only do so without further informing you during the first 6 months. The amount owed remains payable forever but there is no way in law to claim it after 6 years (5 years in Scotand).

jonnygee2

Thank you. The email just said your order was not processed, please log in and resubmit.

Given this is what they said, and you have a 'cancelled' email, I'd say that you have a chance of a claim.

Contact their customer service again explaining the full situation. If they continue to hold their point of view, contact your bank and ask if they will start a chargeback.