Card payment taken 8 months later with no communication

ecaw81

Hi 
I had items last year from a company and it was an on demand subscription box.  Then last year in Sep I had my last box. 
Right at the same time a huge amount up upheaval in my life happened I had to suddenly move out of my home and take my children and start divorce proceedings all at once.Meanwhile this company emailed me and said please update your card details as the one on here did not go through.  So I did straight away. 
I remember at the time Sep 2019 thinking to myself 'make sure you leave enough in that account for them to take' so I did.  For at least a full working week.  Then after that there were numerous times where there was an excess of money in there that they could have claimed for payment. 

Then last week on 17 April I freaked out when I saw £138 out of my account by this company.  At first I demanded to know why a new item was added to my sub when it was an on demand service. Then I realised it was for this payment back in Sep 2019!! .   The very last communication I had, had from them was 20 Sep 2019 saying please update your card.  I have searched all folders and spam I have not had an email since.  Or a text or anything and I know the company can do both.

All they did was say 'yes we tried SEVERAL times to tell you we could not take payment' and they said even their legal team had tried to contact me.  I have had nothing of the sort try and contact me. They then said I could contact their legal team if I wanted but then gave me no details for this.  I have demanded about five times now for them to show me the times and dates or at least copies of the times they tried to communicate with me since Sep 2019.  But they are now ignoring me and its probably as they don't care as they have taken the money now.  But honestly money has been in that account for extended periods of time over and over again in 8 months I am finding it hard to believe that they had kept trying and more they messed up administratively and therefore only just realised they did not run the payment process again and instead just did it this month.  My dispute is not that I don't think I need to pay for goods received but more that I had NO communication even though they claim to have sent me messages and no apology for this and no evidence on my requests for it.    

Do I have any rights here? this payment they took messed up several other bills I planned to pay.  

Honestly I have had such a stressful 8 months I had not been going back to check every little transaction as once I updated the card I DID leave money in the account I am baffled as to why they did not then take it!! and since I did not receive any more communication asking for a payment update again why WOULD I go back t check.

Any advise please?
thanks 

KatrinaWaves

Its 7 months.

I think they have 6 months to take it without informing you (as you accept you owe it) Your last communication from them says to update the card, when did you actually update the card, and when was it noted on their systems etc.

I imagine this has perhaps come to light at year end. You said you have moved, did you update your address? Maybe they have written to you? Are you phone/email address still the same and monitored? how did they previously contact you?
Anyway, you owe it, you know you owe it, what else do you want?

ecaw81

8 months from the time I had the item ( I should have clarified) 
They have always, always communicated by Email and text and still do.  For the only replies I have had.

Mobile and emails are all the same never changed.  

I want to see the evidence of what they have claimed to me.   I don't believe that is unreasonable.  

ecaw81

I also updated the card on 20th Sep 2019 the day they asked me too.  

powerful_Rogue

ecaw81 said:

8 months from the time I had the item ( I should have clarified) 
They have always, always communicated by Email and text and still do.  For the only replies I have had.

Mobile and emails are all the same never changed.  

I want to see the evidence of what they have claimed to me.   I don't believe that is unreasonable.  

Can I ask what difference that would make? You knew you owed the money and now the account is settled.

What do you hope to achieve?

Takmon

ecaw81 said:

8 months from the time I had the item ( I should have clarified) 
They have always, always communicated by Email and text and still do.  For the only replies I have had.

Mobile and emails are all the same never changed.  

I want to see the evidence of what they have claimed to me.   I don't believe that is unreasonable.  

Well as you asked in the OP what rights you have then the answer to this is that you have no legal right to see proof of communications they claim to have sent, that is just a customer service issue. 

The facts are that you know you owe the money and the money has now been paid so from a consumer rights perspective nothing else needs to happen.

Anything else now is just a waste of your time and the companies times by going back and forward; The only two outcomes are they are shown to be wrong and you feel good because you called them out on false information or they show you proof and you just feel a bit silly if you find you actually missed the communications they sent. 

ssparks2003

Is this a UK supplier? Have you received the goods or services that you ordered? 

ecaw81

 I did not miss the communications sent.  I do feel I would like to see evidence of the times they have stated.   I have no issue with the payment I just prefer if the company was honest about its communication.  

powerful_Rogue

ecaw81 said:

 I did not miss the communications sent.  I do feel I would like to see evidence of the times they have stated.   I have no issue with the payment I just prefer if the company was honest about its communication.  

Again, what difference does it really make? You knew you owed them the money, they now have the money.

Not worth wasting your time on.

ecaw81

I did not know I still owed them money.  As they did not communicate after September that there was an issue. I thought all was well and they had taken it after payment details were updated.  
This is an issue to me.  I also want to be sure on what their legal team said to me as they claimed they had emailed me as well.  I see no evidence of this. 
It may not be something that matters to someone else but It matters to me.  If I was making a claim I had done something I would provide the evidence of it.  

KatrinaWaves

You had nothing to go on to think they had taken the payments, you didnt check at all. You just assumed they had.

I'm not saying this company is perfect but you clearly didnt keep track either. Fault on both sides, now everyone is 'even', you have your items and they have their money.