Legal rights - reclaiming erroneous payment

Sinnie · 12 February 2018 at 12:14PM

Hi,

I'm looking for advice on what my options are for reclaiming a payment that was errneously taken from my account. I can probably go through my bank (it was on a debit card, if that matters), but was hoping this would be resolved directly.

The short-ish version:
- Bought two items from a shop (£30), as I was paying, their machine malfunctioned and they believed the payment didn't go through. So I paid again. (6th December 2017).
- £30 debited from my account twice
- Phone them - as they suggested I do in case this happened - no one ever picks up. Left a message, no response.
- Email them - they tell me to ring them.
- Several more unanswered phone calls, I email them to inform them I will be pursuing legal action for fraud (who knows if I can, but usually this kind of thing kicks people into action) (approx 6th Jan 2018).
- They tell me they will send a cheque.
- No cheque after 2 or so weeks, I follow up, it will be here by the weekend (approx 1st Feb)
- Still no cheque.

It's not a chain store, but is reasonably major. They lady told me they are waiting for the cheque to be signed. I could email again and probably get some kind of plattitude.

I'd rather this didn't drag on, especially as the more time I spend on it, the less £30 is worth. I can't go into the store as its in London (though I will be there in 2-3 weeks). I'm just wondering if there is a good legal threat I can wave at them that will spur them into action?

Is it fraud?

neilmcl · 12 February 2018 at 12:20PM

No, it's not fraud. Just ring up your bank and get a chargeback.

steampowered · 12 February 2018 at 12:28PM

It isn't fraud. Fraud requires something deliberate and dishonest. There is nothing deliberate or dishonest about a card payment mix up.

You could in theory sue them for the money back, though.

I would try the bank first. Otherwise, I'd send an email saying unless the cheque is received in 7 days you will have to start legal action.

Sinnie · 12 February 2018 at 12:34PM

Thanks both.

Do you know how quick it is to go through the bank? I have the original receipts and emails, so can send it all in to them.

Just wondering which way is quickest and least hassle.

It may be that a 7 day deadline threatening legal action would be enough. If I did sue them - would it cost me? Can I get them to pay the costs? Obviously the actual act of suing them will have the £30 returned sharpish.

agrinnall · 12 February 2018 at 2:15PM

You've been wasting your time talking to the store anyway, as advised already you should contact your bank to do a chargeback.

Sinnie · 12 February 2018 at 2:54PM

Fair enough.

I wasn't expecting it to be this much hassle. The staff in the store acknowledged that they may have double charged me and told me to just ring up. I was expecting the money in my account by the weekend. If I hadn't been getting a train in 5 minutes I would have had them write something down.

I'll give the bank a call.

steampowered · 12 February 2018 at 3:08PM

Sinnie wrote: »

It may be that a 7 day deadline threatening legal action would be enough.

It would hopefully be enough of a prod to get them to make a move on.

If I did sue them - would it cost me? Can I get them to pay the costs?

Yes there would be a court fee, and yes they would have to pay it. Though hopefully it won't come to that.

KittenChops · 12 February 2018 at 3:20PM

I had something similar in a petrol station a few years back (machine malfunctioned and duplicate transaction).

I first contacted the petrol station and got told to call head office. Half the time they didn't answer the the phone and when they did, they were quite blas! about it and told me they would refund to my card asap. It went on for a few weeks, so in the end I got fed up with waiting and contacted my card provider (Santander), explained what had happened and enquired about a chargeback. They told me they would send out a form and the whole process could take up to 2-3 weeks.

However, on the same day someone at Santander must have looked at the transactions, decided they were clearly duplicates and reversed one of them. The retailer also decided that this would be a good time to get round to refunding me so Santander reclaimed their funds shortly afterwards.

I would speak to your bank about a chargeback, but keep an eye on your transaction history in case you get the funds back from both as I did.

Sinnie · 12 February 2018 at 3:24PM

KittenChops wrote: »

I had something similar in a petrol station a few years back (machine malfunctioned and duplicate transaction).

I first contacted the petrol station and got told to call head office. Half the time they didn't answer the the phone and when they did, they were quite blas! about it and told me they would refund to my card asap. It went on for a few weeks, so in the end I got fed up with waiting and contacted my card provider (Santander), explained what had happened and enquired about a chargeback. They told me they would send out a form and the whole process could take up to 2-3 weeks.

However, on the same day someone at Santander must have looked at the transactions, decided they were clearly duplicates and reversed one of them. The retailer also decided that this would be a good time to get round to refunding me so Santander reclaimed their funds shortly afterwards.

I would speak to your bank about a chargeback, but keep an eye on your transaction history in case you get the funds back from both as I did.

This was my only other concern, as there is theoretically a cheque for me that is awaiting a signature/signed/in the post/in Elon Musk's Tesla - of course, if I did get the chargeback, I would just scrap the cheque.

I'll give the bank a call tonight and then send them an email to either ask them to stop pretending to send a cheque or to get their skates on.

I am tempted to threaten to sue them - it's amazing how much can happed off the back of those kind of threats.

[Deleted User] · 12 February 2018 at 6:41PM

Sinnie wrote: »

I am tempted to threaten to sue them - it's amazing how much can happed off the back of those kind of threats.

They won't be phased by such threats unless you send them a formal Letter Before Action. Don't waste your time with this.

In your position I'd just let the Bank handle the Chargeback, then the Bank will be chasing the firm but you'll already have your money.

Why would you worry about a possibly errant cheque? If you receive one after you've been refunded then you simply don't cash it.

Legal rights - reclaiming erroneous payment

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