Does anyone know if distance selling regulations allow a company to debit your card for goods you’ve ordered even though said company doesn’t (yet) have the goods in stock?
Watty.

I don’t think that will be anything to do with the distance selling rigs but you can find copies of the regs on the BERR site.

Ask the card company?

Mmm, I looked and couldn’t find a reference to it, hence the post. Good call on the card co, I’ll give them a buzz.
Watty.

Have they actually taken the money or just put a ‘claim’ on it
I think it’ll show up the same on your statement

Uplink,
it shows as a debit on my account. (visa debit card/bank account).

I presumed it was a CC

Ask the retailer to return the funds immediately – if not – ask your bank to claim the money back

I’ve read they shouldn’t on threads like this, but that is the only evidence I have!

It’s not illegal, but neither is it good practice.

from here

Carrying out the contract (Regulation 19)
How long do I have to carry out the contract?
3.16 A contract must be carried out within the time limits agreed with the
consumer as stated in your terms and conditions. If no period has
been agreed, the statutory time limit is 30 days from the day after
the day the consumer sends the order to you.
What if I am unable to deliver the goods or start a service in
the time agreed or within the 30 days statutory limit?
3.17 If you cannot meet the 30 day deadline to deliver the goods or
perform the service, you must inform the consumer before the expiry
of the deadline. You and the consumer may agree a revised date
for delivery of the goods or performance of the service. But the
consumer does not have to agree to a revised date. If they do not
agree to a revised date, the contract must be treated as if it had not
been made, apart from any rights that the consumer has under it as
the result of the non-performance.
3.18 If you are unable to meet the deadline and have not agreed an
alternative delivery date with the consumer, you must refund all
money paid in relation to the contract including the postage and
packaging. Please see paragraph 3.49 for information on additional
services that may have been provided under a different contract.
The refund should be made as quickly as possible and within a
maximum of 30 days.
3.19 Any credit agreement associated with the purchase is also
automatically cancelled. For more information about refunds see
paragraphs 3.46 to 3.54.

Thanks folks.

out of interest, who do you have prbs with. An internet co I assume, not via ebay. I ask because I think I’m about to start a dispute with an internet seller who I am now increasingly thinking is DH. Should be fun!

theotherjonv, unless Mr H is now selling motorcycle stuff then no, it’s not him. I’m getting the feeling (maybe unjustified) that I’m not getting the whole truth from the co I’ve ordered from. I think, either: the supplier is having financial difficulties OR the co I’ve ordered from is, and the supplier won’t give them any more credit. Either way I’ve not had my stuff.
Watty

under the distance selling regs you have the right to cancel and get a full refund anyway assuming within 14day cooling off period

– only proviso’s being – if despatched you pay for return and must be in original condition, excludes personalised goods.

– if the supplier trys to argue its a problem cos’ they can’t send them back then that is their problem

and by the way it takes about 5 seconds to do a card refund

as to the original question the system i run debits immediately – though we try to maintain stock level data that is accurate so prevents orders being processed if we can’t fill it straight away

i think as a consumer you actually benefit in two ways (though may be not in this case!)

the first is that as payment had been taken you can argue that a contract exists – see someone like PC World’s or Argos’s T&C for some real weasel work on this though

secondly it means probably was done as an automated transaction directly with the merchants card processor – a zillion time more secure than someone keeping your card details on a database or scrap of paper until they decide to get johnny (thats the one who has mates he can sell the info to) processing the transaction manually

Thanks antigee, and although your first point may be valid, the second isn’t – I ordered over the ‘phone. However, they apparently received the goods today from the supplier – possibly more stalling tactics mind you; if I don’t get them by Weds next week I’ll take it (as it were) to the bank.