Should I repay the excess refund?

[bohemian23]

I bought a few items from an online shop, kept a couple and returned the others.

Eventually I was refunded in full.

 

Didn’t notice that until a few days later they emailed to say they refunded in error.

 

They have included their bank details and demand I pay the excess back within 30 days.

 

I know I should but do I have to?

[dx100uk]

cant have money refunded for items you still own....

 

dx

 

[bohemian23]

But I do..?

Edited September 18, 2019 by bohemian23

[dx100uk]

you didn't return all the items they have refunded you upon...

[king12345]

No, you can't keep the money and the goods just because they made a mistake.

Pay them back what's due.

[bohemian23]

So you are advising to pay them back? I don’t understand why I’m getting questioned. I asked for advice please. I already said what happened...

[king12345]

I see no question marks.

Pay them back.

[BazzaS]

15 minutes ago, bohemian23 said:

So you are advising to pay them back? I don’t understand why I’m getting questioned. I asked for advice please. I already said what happened...

 

Yet, you have had the advice : return the amount you were not owed.

 

It may not be the advice you hoped you’d get but both legally and morally : return what was not due to you (so the cost of the items you haven’t returned!)

[bohemian23]

I just don’t appreciate they gave me an ultimatum when I didn’t even know there was a mistake on their part as the refund just reached my bank anyway. I understand the morality but not the legal side of this. 

[BankFodder]

Although the end answer may not be any different, it would help if you would be more specific.

Please tell us the name of the shop
what items you bought
what items you returned
what is the value of the alleged overpayment to you and to which returned items does this apply?

[king12345]

Ultimatum = 30 days

Are you just winding us up???

And by the way, LEGALLY you must give them the money back, not just morally.

Edited September 18, 2019 by king12345

[BazzaS]

20 minutes ago, bohemian23 said:

 I understand the morality but not the legal side of this. 

 

The legal side is that if you don’t repay it they can take you to the county court where they are almost certain to win (barring the ‘judicial lottery’), given the law on such an overpayment is clear.

 

Then you’ll be on the hook for their legal costs too (albeit limited costs if in the small claims track), and if you don’t pay up in time will have a CCJ registered against you.

[bohemian23]

Ooft, how are they proving they refunded something I didn’t actually return?

[bohemian23]

32 minutes ago, BankFodder said:

Please tell us the name of the shop
what items you bought
what items you returned
what is the value of the alleged overpayment to you and to which returned items does this apply?

 

Superdrug

 

Kept:

Lynx Africa £3.65

Trimmer kit £34.99

 

[BazzaS]

13 minutes ago, bohemian23 said:

Ooft, how are they proving they refunded something I didn’t actually return?

 

Well, it appears you may be considering being fundamentally dishonest.

They serve a court claim. You admit they are correct, deny it or remain silent.

 

They’ll win unless you deny it.

If you deny it then the court decides who is correct (applying a ‘balance of probabilities’ test).

 

If you want to risk it, (and the additional costs), go for it. I’m not suggesting you do, but you seem wedded to it. If the court finds you fundamentally dishonest they don’t have to apply the usual “small claims limit on costs”, and you could be on the hook for all the retailer’s costs in taking you to court.

Edited September 18, 2019 by BazzaS

[BankFodder]

16 minutes ago, bohemian23 said:

Ooft, how are they proving they refunded something I didn’t actually return?

 

sorry but do I understand that they mistakenly refunded you for an item which you haven't returned and you are now telling us that they are unable to prove it?

[bohemian23]

This has never happened to me or anyone I know before. I wondered if it is a known [problem] of sorts, although I doubt it is given it’s a reputable company, where they ask for a money transfer AND debit your account for the amount on top. I didn’t know they can’t just take the payment back. 

 

Anyway, thanks for the advice. I am paying them now! 

Edited September 18, 2019 by bohemian23

[BazzaS]

How is it a S*c*a*m when you are never at risk of being out of pocket, and they are.

Unreal.

[dx100uk]

Why not ring them directly and check

Then you can pay over the phone if its true?

 

Yes there are known scams of this sort by email

But if you know you do owe this sum as youve items theyve mistakenly refunded you for ..it cant be one can it

 

[BankFodder]

I am locking this thread.

I think that we have given a clear answer here and also I should point out that we would never get involved in giving advice on how to avoid returning a refund that had been made in these circumstances