We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide
We're aware that some users are currently experiencing errors on the Forum. Our tech team is working to resolve the issue. Thanks for your patience.

Order cancelled by seller but item received

2

Comments

  • y3sitsm3
    y3sitsm3 Posts: 399 Forumite
    100 Posts Name Dropper
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
  • photome
    photome Posts: 16,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
  • y3sitsm3
    y3sitsm3 Posts: 399 Forumite
    100 Posts Name Dropper
    edited 20 January 2022 at 9:16AM
    photome said:
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
    The OP asked specific questions that were answered by some CS rep paid minimum wage to answer those questions and only those questions.  They're not really encouraged to "think outside the box."

    So my question stands, did the OP actually ask them whether they were theirs to keep, because it not being mentioned doesn't mean they are.
  • is_66
    is_66 Posts: 6 Forumite
    First Post
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
    The OP asked specific questions that were answered by some CS rep paid minimum wage to answer those questions and only those questions.  They're not really encouraged to "think outside the box."

    So my question stands, did the OP actually ask them whether they were theirs to keep, because it not being mentioned doesn't mean they are.
    The email I sent them really did not require a great deal of comprehension, I clearly stated I received the order, so if they wanted me to return it or pay the money again I believe they would've stated that in their reply. 
  • IvanOpinion
    IvanOpinion Posts: 22,131 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I think the OP has done everything they can at this point, unless they want to send one final email saying they have both the goods and a refund.  They have to accept though that at some point in the future the company may just take the money from their account again - probably at the most inconvenient time.
    I don't care about your first world problems; I have enough of my own!
  • photome
    photome Posts: 16,753 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Bake Off Boss!
    edited 20 January 2022 at 4:20PM
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
    The OP asked specific questions that were answered by some CS rep paid minimum wage to answer those questions and only those questions.  They're not really encouraged to "think outside the box."

    So my question stands, did the OP actually ask them whether they were theirs to keep, because it not being mentioned doesn't mean they are.
    And my reply still stands, the OP told them what happened ,the retailer acknowledged it..why should they keep asking questions ? As I said it’s down to the retailer to decide what happens next
  • y3sitsm3
    y3sitsm3 Posts: 399 Forumite
    100 Posts Name Dropper
    photome said:
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
    The OP asked specific questions that were answered by some CS rep paid minimum wage to answer those questions and only those questions.  They're not really encouraged to "think outside the box."

    So my question stands, did the OP actually ask them whether they were theirs to keep, because it not being mentioned doesn't mean they are.
    And my reply still stands, the OP told them what happened ,the retailer acknowledged it..why should they keep asking questions ? As I said it’s down to the retailer to decide what happens next
    Where did I say they should?

    The OP seems to be under the impression that the retailer not askign for the items back during an email conversation with an underpaid and overworked CS rep is an indirect acknowledgement that they're theirs to keep.

    I'm simply saying that no such inference should be made.
  • is_66
    is_66 Posts: 6 Forumite
    First Post
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
    The OP asked specific questions that were answered by some CS rep paid minimum wage to answer those questions and only those questions.  They're not really encouraged to "think outside the box."

    So my question stands, did the OP actually ask them whether they were theirs to keep, because it not being mentioned doesn't mean they are.
    And my reply still stands, the OP told them what happened ,the retailer acknowledged it..why should they keep asking questions ? As I said it’s down to the retailer to decide what happens next
    Where did I say they should?

    The OP seems to be under the impression that the retailer not askign for the items back during an email conversation with an underpaid and overworked CS rep is an indirect acknowledgement that they're theirs to keep.

    I'm simply saying that no such inference should be made.
    I really don't think it is that complicated, as I said previously the email I sent them did NOT require a great deal of ready comprehension at all, so if they wanted the products back they would have stated. I think they wouldn't be hired in the first place If they are unable to comprehend simple customer enquiries. I think on my part I've done what I needed to do.  
  • y3sitsm3
    y3sitsm3 Posts: 399 Forumite
    100 Posts Name Dropper
    edited 20 January 2022 at 5:37PM
    is_66 said:
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    photome said:
    y3sitsm3 said:
    is_66 said:
    Sandtree said:
    Ergates said:
    So, legally you have to pay them as you owe the money.  
    I really do not see how the OP owes them anything or needs to do anything as they have already paid
    A contract was entered into.
    The op paid and the goods were delivered .
    Surely at that moment the goods became the property of the OP. 
    The company cannot simply decide to unwind the contract and would I suspect be given short shrift in a small claims court.
    The issue is that if this was behaviour was acceptable all commerce would come to a halt as no one would know where they stand
    The OP speaks of a refund after the order was cancelled... though I am guessing they've not yet received it based on the text (but not 100% clear)
    They have now responded to my email, where I stated that I received the items, therefore no longer require a refund. I checked after and found that the refund went through and I got my money back. The business responded by stating that the order was in fact cancelled on their behalf but due to other issues it was still delivered to me and that they have now processed the refund.

    I concluded from this that I am able to keep the products even though I have been refunded. They did not state otherwise in their reply. 
    Did you actually ask them if they were yours to keep?
    Given the fact the retailer knows they have delivered the product and refunded, why would the OP need to ask, the retailer has had the opportunity to request payment or the return of goods
    The OP asked specific questions that were answered by some CS rep paid minimum wage to answer those questions and only those questions.  They're not really encouraged to "think outside the box."

    So my question stands, did the OP actually ask them whether they were theirs to keep, because it not being mentioned doesn't mean they are.
    And my reply still stands, the OP told them what happened ,the retailer acknowledged it..why should they keep asking questions ? As I said it’s down to the retailer to decide what happens next
    Where did I say they should?

    The OP seems to be under the impression that the retailer not askign for the items back during an email conversation with an underpaid and overworked CS rep is an indirect acknowledgement that they're theirs to keep.

    I'm simply saying that no such inference should be made.
    I really don't think it is that complicated, as I said previously the email I sent them did NOT require a great deal of ready comprehension at all, so if they wanted the products back they would have stated. I think they wouldn't be hired in the first place If they are unable to comprehend simple customer enquiries. I think on my part I've done what I needed to do.  
    Did you ask them if they wanted their goods back?

    Regardless, unless you have a direct confirmation that they do not, you have no legal basis for claiming they've allowed you to keep the goods.  If they decide that they do indeed want them back, you'd lose in court if you tried to claim a lack of a demand during an email discussion about something else proves they let you keep them.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.4K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.1K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.