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Here's a squirrelly question...

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Billharrell
Regular Contributor

Here's a squirrelly question...

I'll try to keep it brief.

I made a big purchase (over $1000 and under $3000) online from a large retailer using a charge card. The order was approved and I had an immediate pending charge on my card. Fast forward four days and the charge is still pending. The next day the item ships with charge still pending.

Two days later I get a notification from my cc company that they've denied a second charge for the same amount. I called the cc company and thanked them for not letting the online retailer double charge me for the same purchase. Immediately following, I contacted the seller and told them all of the above. They said that it was normal, no worries.

The next day, I recieved my item and my "pending" charge disappeared. There was now no charge for my item. I called again and told the retailer that I still hadn't been charged, and was told by the CSR that "everything's good on our end."

Fast forward 8 days, no charge. I get a voice mail from the retailer saying "it seems as though you have not paid for your item. If you don't pay by tomorrow you will be placed in our fraud file and may not be able to order from us again."

I haven't responded. Am I in any financial or legal danger? I'm annoyed by both their ineptitude and their aggressive voicemail. I told them twice about the error and was dismissed, now they accuse me of fraud? They have my cc number, why aren't they trying to run it again?

Avoiding the ethical question, am I legally obligated to pay at this point?

2/18 FICO 8's:
EX(692): 3.1yrs, 8 inq.
TU(654): 0.3yrs, 3 inq.
EQ(683): 3.1yrs, 3 inq.
Utilization: 50%

Wall of Shame (recent denials/wish list):

Message 1 of 18
17 REPLIES 17
rbentley
Established Contributor

Re: Here's a squirrelly question...

Yes you are legally, morally and ethically required to pay for goods and services which you requested and received.  The fact that the seller may have been momentarily confused or misunderstood the state of the order does not excuse you from payment.  The fact that you offered payment, tried to clear up the misunderstanding or that they could, in your eyes easily bill you, does not give you any excuse to take the goods without payment.

Message 2 of 18
Billharrell
Regular Contributor

Re: Here's a squirrelly question...

I'm assuming that you're just trolling, as I asked about my legal position, and specifically requested we avoid the ethical questions involved.

If you actually do have some detailed legal expertise to contribute to the conversation I'd appreciate it.

2/18 FICO 8's:
EX(692): 3.1yrs, 8 inq.
TU(654): 0.3yrs, 3 inq.
EQ(683): 3.1yrs, 3 inq.
Utilization: 50%

Wall of Shame (recent denials/wish list):

Message 3 of 18
grower1
Frequent Contributor

Re: Here's a squirrelly question...

Something similar happened to me with a Williams Sonoma order. In my case it happened because the item was backordered, so the payment authorization expired before they processed my payment, (even though I had received the item). They sent me an email letting me know that they had not been paid and I was able to call them and pay for my order over the phone. It was simple and fast, only took a few minutes to resolve.  




Message 4 of 18
RobertEG
Legendary Contributor

Re: Here's a squirrelly question...

The Fair Credit Billing Act (FCBA) has a detailed and strong dispute process for dealing with any billing related issues on credit card purchases, but has a short period for filing of only 60 days from date of the billing error.

 

I would recommend that you consider filing a dispute under the FCBA, which then imposes strict requirements on the creditor.

Message 5 of 18
MakingProgress
Senior Contributor

Re: Here's a squirrelly question...


@Billharrell wrote:
I'm assuming that you're just trolling, as I asked about my legal position, and specifically requested we avoid the ethical questions involved.

If you actually do have some detailed legal expertise to contribute to the conversation I'd appreciate it.

What bothers me is you don't want to be bothered with the ethical question.

FICO 8 Starting Score

Current Scores


Garden Goal is All Reports Clean – Achieved 11/26/20
Message 6 of 18
Anonymous
Not applicable

Re: Here's a squirrelly question...

My opinion, do the right thing, pay what you owe or return the product. Trying to take advantage of the situation and not living up to your obligations will eventually catch up to you, legal or otherwise, I certainly wouldn't post about it on a public forum for the world to see.
Message 7 of 18
Pikaboo-icu
Valued Contributor

Re: Here's a squirrelly question...

The GOLDEN RULE is always GOLDEN.

You can never go wrong when you do the RIGHT thing...

 

This is an open forum and while you can state you don't want to be troubled with the ethical/moral question, we are also just as free to address it anyway.

The fact you mentioned the moral dilemma tells me you already know the best course of action...

 

Have a grand day.. Smiley Angel3.gif

  


Message 8 of 18
Billharrell
Regular Contributor

Re: Here's a squirrelly question...

Oh, brother. Nothing against the fine members if this forum, but it is not my "go to" site for ethics advice. I'll continue to rely on people I actually know for those questions.

The forum IS chock full of experts in credit laws and regulations, hence the specific question above.

2/18 FICO 8's:
EX(692): 3.1yrs, 8 inq.
TU(654): 0.3yrs, 3 inq.
EQ(683): 3.1yrs, 3 inq.
Utilization: 50%

Wall of Shame (recent denials/wish list):

Message 9 of 18
jamie123
Valued Contributor

Re: Here's a squirrelly question...

Well...Since you asked...

 

Yes, you are legally required to pay for that purchase. You ordered the product, the retailer shipped you the product and you received the product in good condition. If you don't pay for the product because of a misunderstanding in the initial method of payment it doesn't matter. You still need to pay for it or it can be and will be considered fraud/theft.

 

At the $1000 to $3000 product price point they will not let this rest. They won't forget about it. There are many attorneys that would be willing to fight for this money.

 

If you stole $1000 of product from a retail store by walking out of the store without paying, the dollar amount is large enough that you would be  charged with a felony in most jurisdictions.


Starting Score: EQ 653 6/21/12
Current Score: EQ 817 3/10/20 - EX 820 3/13/20 - TU 825 3/03/20
Message 10 of 18
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