Thomas Sabo Threatening Legal Action

ErmiJa

Back in December 2020 I purchased items from the Thomas Sabo website. I received the items but in February 2021 I was notified by Thomas Sabo that they had a banking error their end and they didn't take payment for the goods I received. I explained that I wasn't working and I requested a prepaid envelope to return the items but I have never received the prepaid envelope!! As I am not returning the items at a cost to myself when the error was their fault. Today I received a letter stating they have repeatedly written to me requesting the money but this is the first letter I have received from them. They are threatening me with legal action. Can they do this? 

[Deleted User]

Yes, as the debt remains unpaid. 

If they'll still allow you to return the goods, then that may be the option you want to pursue, but if you hang onto them, you'll need to pay. If they don't offer free returns on purchases, you'll need to pay for the return yourself.

However, I doubt they'll allow a return of 10 month old items.

Flight3287462

You bought the items and had them for two months.  You owe them the money.

ErmiJa

But if the error is on their part shouldn't they pay for the return? And its their fault they have left it so long to chase? 

[Deleted User]

No. They've paid for the error in not having had the funds yet. Your returning the item is your own decision and subject to their standard terms.

Undervalued

ErmiJa said:

Back in December 2020 I purchased items from the Thomas Sabo website. I received the items but in February 2021 I was notified by Thomas Sabo that they had a banking error their end and they didn't take payment for the goods I received. I explained that I wasn't working and I requested a prepaid envelope to return the items but I have never received the prepaid envelope!! As I am not returning the items at a cost to myself when the error was their fault. Today I received a letter stating they have repeatedly written to me requesting the money but this is the first letter I have received from them. They are threatening me with legal action. Can they do this? 

Yes!

You bought the goods and they are entitled to be paid. Unless the terms on which you bought them (unlikely) allowed you to return them two months later for a refund then you have no right to do so.

Whilst it is unfortunate that there was an error and some firms might make a gesture of goodwill, they are not obliged to.

Equally it could be argued that you also made a error in not spotting that the payment  hadn't been deducted from your account. You would of course have contacted them immediately?

The fact that you are not working is irrelevant I'm afraid.

68ComebackSpecial

ErmiJa said:

But if the error is on their part shouldn't they pay for the return? And its their fault they have left it so long to chase? 

They actually have six years to chase you for the payment. Did they accept your request to return the items in February and do you have any proof of this? 

Undervalued

68ComebackSpecial said:

ErmiJa said:

But if the error is on their part shouldn't they pay for the return? And its their fault they have left it so long to chase? 

They actually have six years to chase you for the payment. Did they accept your request to return the items in February and do you have any proof of this? 

The OP "asked them for a pre-paid envelope" which wasn't provided so I think it is safe to assume that the firm didn't accept the request. To be honest I don't blame them!

TELLIT01

The error was in not taking payment but that doesn't entitle the OP to return the goods 2 months or 10 months after the event.  They have the items, and apparently no valid reason to return them so has to pay for them.