Got My Order, but was kind of not charged

[left_coast_punk]

What is the name of your state (only U.S. law)? Oregon

I purchased a snowboard, bindings, and boots from a snowboard company. They charged me the complete amount at first. I got my bindings and boots a few days later but no board. I looked at my bank account and the company had withdrawn the money for full payment of the boots and bindings as well as their shipping. So those are legally mine as far as I understand. I called the company up and they told me that the board was on backorder and that they were sending it out. They then charged my account for the amount of the board, binding, and boots again. I called them up and told them that they should only charge me for the board and its shipping since I had already received the bindings and boots and only needed the board. The replied by saying it was their mistake and the would fix it. I got my board just fine, but the problem is that they haven't taken the money for the board and its shipping out of my account. My question is as follows: How long do they legally have to take money out of my account for the board? There are no holds on my account for the board nor any pending charges.

[Wirelessany1]

Originally Posted by left_coast_punk

What is the name of your state (only U.S. law)? Oregon

I purchased a snowboard, bindings, and boots from a snowboard company. They charged me the complete amount at first. I got my bindings and boots a few days later but no board. I looked at my bank account and the company had withdrawn the money for full payment of the boots and bindings as well as their shipping. So those are legally mine as far as I understand. I called the company up and they told me that the board was on backorder and that they were sending it out. They then charged my account for the amount of the board, binding, and boots again. I called them up and told them that they should only charge me for the board and its shipping since I had already received the bindings and boots and only needed the board. The replied by saying it was their mistake and the would fix it. I got my board just fine, but the problem is that they haven't taken the money for the board and its shipping out of my account. My question is as follows: How long do they legally have to take money out of my account for the board? There are no holds on my account for the board nor any pending charges.

Hey, why not show your good moral character and give them a call. Ask them when you can expect to be charged the correct amount.

Remember, what comes around goes around.

[left_coast_punk]

Thanks for the advice which will help me with my moral compass. I planned on calling the cmpany anyway but since this happened it got me curious about the law of it. So I know it wouldn't be morally right to keep the money, but how long do they legally Have to take the money out of my account?

[Roo]

One year.
.

[left_coast_punk]

Thank You. Is there a reference to that I could see? Is that a federal thing or a State thing or what? I just think it would be sucky if you didnt balance your checkbook, thought they took it, and then 11 months later they take the money out at a maybe bad time where you dont have money.

[Wirelessany1]

Originally Posted by left_coast_punk

Thank You. Is there a reference to that I could see? Is that a federal thing or a State thing or what? I just think it would be sucky if you didnt balance your checkbook, thought they took it, and then 11 months later they take the money out at a maybe bad time where you dont have money.

I'm not sure where the "year" came from. But here it is from a banking prosepective and I've seen it happen time and time again.

If you had written them a check, it would be considered stale-dated after six months, but the bank CAN and often does cash them much later after that. In order to secure your stale-dated check isn't paid you would have to have a valid stop payment. So in essence it could be much longer than a year, and if you don't have that item outstanding in your check register, you could be in trouble.

You apparently gave them your debit card? When they discover their mistake, they will make an attempt to charge the card. In many instances banks will allow the charge to go through even if there are not enough funds to cover the charge. If you haven't kept this amount out of your balance through the use of your check register, then again you can potentially be in trouble.

So let's say they discover this mistake 8 months down the line and you haven't accounted for it and it causes you to overdraw. You call your bank and tell them what happened. They are going to ask you if you made this purchase. You'll give them your story and you'll say, "well I gave them permission to charge me 8 months ago and they didn't. They don't have my permission now." The bank will take the side of the merchant even though they took a long time to find the mistake and won't refund your money.

This is where the bad karma comes in - You will be stuck, short on cash in a time when you weren't expecting it and you will probably be stuck with a ton of NSF fees.

So as sucky as it may sound this is the truth. Left_coast, this may not be the legal adivce you were looking for, it is real world.

I'm glad you've decided to take the high road. Enjoy yourself on your new board - please always wear a helmet (that's the mom in me coming out ) and take care - ana