Unauthorised money taken can someone help

ree123

Good morning. 
My mum made an online order via Morrisons. They charged her wrong, she contacted them, they sent an email to say the payment wont be taken and cancelled it. Great. Customer services amended the order and re processed. She recieved her order. The problem is they have taken the first cost with the mistake and also taken the second payment as well. I have been on the phone since Thursday, all day Friday and on phone now as I type this. I was told Friday that both monies would not be taken, but they have, as of this morning. They will not refund. The bank said they will charge her because Morissons have to issue a code to say it's been cancelled, they wont give us this, she will go to the bank tomorrow with the emails to see if that helps???  So Morisons have taken over £300 for an order that cost £139. I cant speak to manager, I've tried twitter, facebook, phoning, emailing etc..  every number listed. Anyone have any ideas?? What else can I try? 
Many thanks 

DCFC79

ree123 said:

Good morning. 
My mum made an online order via Morrisons. They charged her wrong, she contacted them, they sent an email to say the payment wont be taken and cancelled it. Great. Customer services amended the order and re processed. She recieved her order. The problem is they have taken the first cost with the mistake and also taken the second payment as well. I have been on the phone since Thursday, all day Friday and on phone now as I type this. I was told Friday that both monies would not be taken, but they have, as of this morning. They will not refund. The bank said they will charge her because Morissons have to issue a code to say it's been cancelled, they wont give us this, she will go to the bank tomorrow with the emails to see if that helps???  So Morisons have taken over £300 for an order that cost £139. I cant speak to manager, I've tried twitter, facebook, phoning, emailing etc..  every number listed. Anyone have any ideas?? What else can I try? 
Many thanks 

So she made an order, was charged wrong, payment was cancelled, order was amended and re processed but the 2 payments have been taken.

I dont think going to the bank will do anything. So she spoke to the bank who said they will have to charge her, why charge her though, charge her for what.

Have you had any response on Facebook or twitter ?

I take it the bank were told a payment has been taken in error eg the first one ?

ree123

That sums it up. The bank told her that she could be cancelling after receiving the order which would be deemed as theft lol. Can't make it up. Had no response from any other than supply your order details, I do,  then nothing happens. Facebook not even read the messages.  She will try the bank anyway, to be honest we don't know where else to go. 

Bacman

You will be wasting your time walking into your bank branch; or Morrisons customer services (as you've tried that). You need to be proactive and effective:

Your credit card company/bank is jointly liable as the supermarket for the card transaction if £100 or more, which this clearly was. The payment is also theft as was taken without authority, so I would suggest these approaches:

(1) David Potts is the CEO of Morrisons; (using Google again) his email is david.potts@wmmorrisons.co.uk      email him with (have a read receipt and email delivered ticked on your email as you can prove the email was delivered) your evidence, keep it factual and NOT emotional and demand politely you have this matter seen to, person assigned to your case and their email address; and refund issued plus compensation for damages or you will take this to small claims court. Given your evidence to show the purchase you made, the acceptance they made a mistake and wouldn't charge and then did; you are on strong ground. They will pay up as will not want the resulting bad publicity as they are in the wrong. Make sure you ask for "compensation for distressed and inconvenience caused" too.

(2)  If that doesn't get response (give it a reasonable time, plus chasing) then go for the bank you paid your transaction with as they are jointly liable for the payment, speak to their fraud department, outline the case and evidence you have and also your approach to (1) above, plus outline they are jointly liable. They should then refund you if you go about it right.

I hope this helps, let us know...

redfox

Moving your thread to the Consumer Rights board where you may get other people to help you with your issue as well.

DoaM

And by the time you've pursued Bacman's advice Morrisons CS will be back working after the holiday weekend and the issue will likely have been resolved anyway, probably accompanied by a voucher for the inconvenience.

shaun_from_Africa

Bacman said:

Your credit card company/bank is jointly liable as the supermarket for the card transaction if £100 or more, which this clearly was. The payment is also theft as was taken without authority, so I would suggest these approaches:

(2)  If that doesn't get response (give it a reasonable time, plus chasing) then go for the bank you paid your transaction with as they are jointly liable for the payment, 

The 2 comments above are incorrect.
Credit providers are only jointly liable under S75 of the Consumer credit act if the value of an individual item costs over £100, not simply the total cost of the purchase being over £100.

Also, it is only theft if the money was taken in the knowledge that there was no entitlement to it and the intention was to take and not to return it.
This was simply an error and not an attempt at theft and as for "refund issued plus compensation for damages", if the money is refunded in full, what damages will there be apart from maybe a couple of pennies in lost interest.

unholyangel

ree123 said:

That sums it up. The bank told her that she could be cancelling after receiving the order which would be deemed as theft lol. Can't make it up. Had no response from any other than supply your order details, I do,  then nothing happens. Facebook not even read the messages.  She will try the bank anyway, to be honest we don't know where else to go. 

Sounds like you've spoken to someone clueless at the bank. 

Remind the bank that YOU (well your mum, but just for ease I'll continue as if you're her) are the account holder of your account, not Morrisons. That their terms and conditions state they will only pay out what YOU authorise. That it is up to them to prove you did authorise it, not up to you to prove you didn't - because a court of law won't expect anyone to prove a negative. It is whoever is seeking to rely on a fact that needs to establish that fact. If they still won't treat it as unauthorised then make a complaint. If they allege that your mum could have received and now be trying to fraudulently reclaim a refund, put in a complaint about that too. Because either they don't think it's fraudulent in which case they should be processing an unauthorised transaction claim for you. Or they do think it's fraudulent in which case they're failing in their duties under anti money laundering regulations. 


However if Morrisons say they refunded/didn't take the money and the bank are saying they have.....it's likely ringfenced and normal solution is to get the retailer to send confirmation they won't be claiming the payment. Used to be done via fax, not sure about now. But if it's ringfenced, it's in limbo and banks are really stubborn about ringfenced sums. 

born_again

Have both amounts actually debited the account? 
So you have to different amounts to Morrisons showing on a statement.
Or is it just that the available funds are down both amounts?

Interesting how she could be charged wrong. As it only adds up what has been ordered.

ree123

Thank you for your replies and help, finally got the sum refunded. Morissons haven't helped at all. It was the bank that helped in the end and she didnt get charged as we presented the emails over. Appalling service from Morrisons. Thanks again.  

born_again

ree123 said:

Thank you for your replies and help, finally got the sum refunded. Morissons haven't helped at all. It was the bank that helped in the end and she didnt get charged as we presented the emails over. Appalling service from Morrisons. Thanks again.  

Assuming that this was a chargeback. Then Morrisons have 45 days to reject it. You could then be redebited.