Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My sister ordered a sideboard and a bed from a company - she paid by credit card - however the company telephoned 8 weeks later and left a message saying the goods will not be delivered as the payment had declined - the following day the goods arrived - she emailed them and they have said if she does not pay in full they will pass it to their legal department to pursue - where does she stand ??
It was done via the internet she thought her card would be debited immediately but it was not and when they have gone to debit it she has maxed her card out (stupid I know) but they rang to say it would not be delivered and it was......
It sounds to me like the company will be entitled to their goods back. Distance Selling Regs puts various requirement on sellers, such as time to deliver, information to be provided etc. If they fail to comply with these, then the contract can be rescinded on certain conditions.
The problem is, and this is where I am failing (so someone else help please!) is that the goods were not paid for. Under teh Sale of Goods Act, a seller has the right to maintain an action against the seller for the price of the goods (i.e, can take action to recover the money), but whether this provision would apply to distance selling contracts or not I am not sure.
Away from a legal standpoint and technicalities, your sister has the goods (sent in good faith) and the seller is entitled either to the goods back or for payment of the goods. It would be fair to either pay the seller or ask them to collect the items (I doubt they can ask you to pay for collection). But you are here to discover the legal aspect.
I think it would be best to hang fire for a day or so to see if anyone else replies, but in the meantime don't just think the problem has gone away. Failing any other (sensible) post, contact consumerdirect or teh CAB, they should be able to advise on the legal standpoint and say what your sisters rights are (and the sellers)
Whatever you do though, dont presume that it will be brushed under the carpet. It won't.
thanks for the reply - she is worried sick but I said the worst thing that can happen is the goods will be taken away
thanks again for your advice
Or they could take your sister to court (if they are indeed entitled to the money back).
Like I said, it would be ebst to contact consumerdirect (Consumer Direct), tel. 08454 040506 (use www.saynoto0870.com for a landline or freephone number if needed)
I am confused. She ordered the goods, now she has the goods, all she has to do is pay for them, which is what she was going to do in the first place, so she pays them now, she has the stuff, they have the money, everyone is happy, what's the problem? :-?
Edit: Sorry, read too fast, missed the post where you said she'd maxed out on her card.
Apologies to people who I was in the process of helping, I may be gone some time.
I'm confused!!
Why would someone order items as large & costly as furniture with no means to pay for them? And why did the items get delivered when they hadn't been paid for??!!
Did she get an invoice for the goods when they were delivered?
surely that would be too costly and risky for them what would they gain? it only amounts to £1200 so i personally think that is unlikely - she is not refusing to return the goods they have not asked for them
Hi she orderd the goods 8 weeks ago and paid for them by card - then they provided her with the delivery date - then they left a message saying the payment would not go through therefore the furniture would not be delivered - the next day the furniture arrived. the problem now is she cannot pay for it as she maxed out her credit card (stupidly) but she thought she had paid for it eight weeks ago - but since the delivery they have sent a letter asking for payment but nothing since?? does she contact them to return the furniture or ring them to negotiate repayment terms???
Hi she orderd the goods 8 weeks ago and paid for them by card - then they provided her with the delivery date - then they left a message saying the payment would not go through therefore the furniture would not be delivered - the next day the furniture arrived. the problem now is she cannot pay for it as she maxed out her credit card (stupidly) but she thought she had paid for it eight weeks ago - but since the delivery they have sent a letter asking for payment but nothing since?? does she contact them to return the furniture or ring them to negotiate repayment terms??? I agree she has to pay but why on earth did they send it knowing payment had not been made??
sorry - didn't catch the bit about them phoning her 8 weeks later.
If she can't afford to pay,I would try negotiating with the supplier to return the goods, best scenario may be that she has to carry the cost of carriage.
Seems odd they didn't tell her until 8 weeks down the line that her card was refused - she paid on the day of ordering and surely that was the time for them to submit her card? I might take issue with them on that.
After all if she was able to afford the goods when ordering, it doesn't necessarilly follow that she could have afforded them 8 weeks later.
it seems they wait until dispatch to take payment but it does not say that when you order. she will just have to wait and see what happens but i still think they should never have delivered them without payment
just having a quick look and all i want to ask is.... in one of the posts you say that your sister THOUGHT she had paid for them, but didnt she check her statement covering that time period or her on line balance if shes registered. if they didnt contact her until after she had maxed the card out, why did she not leave enough balance to cover her purchase ? i would have conversation with seller explaining situation again and?or either return them or as one of the other posts state, try and get a payment plan set up.
good luck
Please note that although my advice is offered, you should consult your legal representative before taking ANY action.
goods received but not paid for
Reply With Quote
Originally Posted by linz2011
