morrison's order

[sashh]

So I had a delivery from Morrisons last week, it cost around £50 but they did not put £50 through, they took £116 from my account.

They have said this is payment for an order 2 months ago. Now the order they refer to was a) for a slightly different amount and b) paid for by credit card. I have checked my credit card statement and the amount did not go through.

Can they legally do this? If I pay on a credit card and they don't put the transaction through can they then choose to take it from another card without telling me?

I know in the shop if a card does not work they ask for alternative payment but surely then you choose how to pay and have the option of not paying and leaving the goods?

Check their T&Cs.

I have, it doesn't mention anything

are you sure it didnt go through? seems unlikely they would have delivered your goods without payment and just not said a thing?

You can contact your bank and tell them that you didn't authorise the transaction, and that it must be refunded.

You don't have the option of not paying and leaving the goods if they have already delivered them.

Legally, I believe they have to try the offered payment method three times, and then contact you asking you to pay by another means. Is the credit card maxed out or closed now?

Their T&Cs will likely allow them to take the outstanding amount from any payment method that you give them after that.

If you have another way of paying, you could call and ask them to refund the additional money and take it from another card, but you received the goods so you have to pay for them and that money is now two months overdue.

Whether you have any legal recourse to pay in a different way if Morrisons refuse would depend on why your offered payment method failed, whether you were aware of this and what the T&Cs you agreed to say.

are you sure it didnt go through? seems unlikely they would have delivered your goods without payment and just not said a thing?

Absolutely, I've checked and rechecked. And yes I would have thought the would take the payment before delivery

Legally, I believe they have to try the offered payment method three times, and then contact you asking you to pay by another means. Is the credit card maxed out or closed now?

I've not contacted the cc company yet so I don't know if they tried, I do know that at the time there was enough credit to pay.

You don't have the option of not paying and leaving the goods if they have already delivered them.

I realise that, but if payment was declined why didn't they contact me?

Did you change the default card on your account?

Apparently they do not contact you if a payment is declined, they just try again and again, 14 times in my case. Apparently their policy is not to email customers or contact them by phone, they just keep attempting to take the payment.

Then yes I used a different card and they took the payment from that.

I have a number of cards registered with them and chose which to pay on according to my finances.

They have said this is impossible. They have also said it would be impossible for me to place another order with an outstanding balance, when I did and they delivered it.