18 months ago, I bought something, now they want to bill me.

[KBry]

18 months ago, I bought a seat for my motorcycle. I didn't realize till today I never got billed for it. The only reason I found out was that the company I bought it from called. At first I thought it was a phishing scam. So I told the operator I wasn't liable. Then they hung up.

I went and looked at my bills and didn't find a charge from them. Ethically I know I should pay them. If they had billed me promptly I would have. Now, 18 months later I am out of work and living on a shoestring. I don't even have the motorcycle I bought the seat for.

Am I still liable for the failure on their part?

[Guest usctrojanalum]

You sure are.

[FL4answer58]

If this was a credit card - you may not have any Federal usery laws on time bared charges. But - Arizona may have some - check your laws and statutes.

How much was the seat?

18 months may be the point by which they contacted you - not the point of default.

They may have attempted to run the charge earlier - between then and your hardship - and card lapse.

If this period of time meets at 12 months or less - (and may well) your most likely in default of payment - regadless of 'mistakes'.

This was not an 'open' or 'revolving account' so you may fnd something on time barred debt for charge cards.

Edited October 13, 2010 by FL4answer58

[KBry]

When I ordered the seat it was $420. The company was provided my credit card info and they sent my order. The seat took a few weeks to get to me as they ordered it from the manufacture. When I got the seat I thought they had billed me and things where done. I paid my bills and life went on. I closed the account that the order was placed on a year after the order. Paid the card off and haven't used a credit card since.

There has to be a time limit that a business must attempt to seek payment for an item. I provided them with all the items they required when the order was placed. My Address, phone number, and payment method.

Typically a business won't ship items till payments are recieved. Why these guys did is beyond me. Now I am stuck holding the bag for their lack of propper bookkeeping.

If I am liable for thier mistake, that is just wrong. They sould have never sent the items without payment. Also if I still had the items I would return them to them.

At some point a business should have to seek payment for an item. If they fail to do so. Then it's thier mistake. But I don't know what the law says on the matter, that's why I came here.

[Dr. Evil]

When I ordered the seat it was $420. The company was provided my credit card info and they sent my order. The seat took a few weeks to get to me as they ordered it from the manufacture. When I got the seat I thought they had billed me and things where done. I paid my bills and life went on. I closed the account that the order was placed on a year after the order. Paid the card off and haven't used a credit card since.

There has to be a time limit that a business must attempt to seek payment for an item. I provided them with all the items they required when the order was placed. My Address, phone number, and payment method.

Typically a business won't ship items till payments are recieved. Why these guys did is beyond me. Now I am stuck holding the bag for their lack of propper bookkeeping.

If I am liable for thier mistake, that is just wrong. They sould have never sent the items without payment. Also if I still had the items I would return them to them.

At some point a business should have to seek payment for an item. If they fail to do so. Then it's thier mistake. But I don't know what the law says on the matter, that's why I came here.

This is a good example of the mentality of the american consumer today. "It's their fault i didn't pay for the item"

Look up unjust enrichment, I'd be surprised if someone could find legal authority to suggest you aren't ultimately responsible for payment or that a company forfeits its right to payment for an absence of prompt billing.

[Guest usctrojanalum]

You are essentially saying that it is okay to steal (which is basically what happened here) tangible goods because there was a mistake or "error" in processing of a payment? While not technically a conversion in the legal sense, it is pretty close.

[SECLG]

I do not believe you have any viable legal defense.

[KBry]

Really? Stealing? NO.. It just seems to me the consumer has rights to prompt billing. Being billed or asked to pay 18 months after the item was purchased is a stretch by any case. How would you like to be in these shoes? Put yourselves in this situation. By what you are saying it could have gone 10-20-100 years and I would still be liable.

I did my part as a consumer when I purchased the item. I provided them with a means of charging me for the goods. I wasn't deciteful I wasn't fraudulant, I did my part. They failed to act upon that within what I would consider a reasonable amount of time. If anyone says that 18 months is still reasonable I would argue that all day long.

If I am forced to pay I will, but a consumer should have rights too. Call it what you will But this company should be held liable for their error too, no one should be allowed to bill you for goods or services after a certian amount of time has past. No company can survive on that idea, "Oh, I'll just bill them when I get around to it." Imagine what a world this would be.

At any rate, I am doing my homework before I fork out any cash. Since I have so little at the moment I am not going to just hand it over till it is proven that I must.

Edited October 14, 2010 by KBry

[Dr. Evil]

Really? Stealing? NO.. It just seems to me the consumer has rights to prompt billing. Being billed or asked to pay 18 months after the item was purchased is a stretch by any case. How would you like to be in these shoes? Put yourselves in this situation. By what you are saying it could have gone 10-20-100 years and I would still be liable.

I did my part as a consumer when I purchased the item. I provided them with a means of charging me for the goods. I wasn't deciteful I wasn't fraudulant, I did my part. They failed to act upon that within what I would consider a reasonable amount of time. If anyone says that 18 months is still reasonable I would argue that all day long.

If I am forced to pay I will, but a consumer should have rights too. Call it what you will But this company should be held liable for their error too, no one should be allowed to bill you for goods or services after a certian amount of time has past. No company can survive on that idea, "Oh, I'll just bill them when I get around to it." Imagine what a world this would be.

At any rate, I am doing my homework before I fork out any cash. Since I have so little at the moment I am not going to just hand it over till it is proven that I must.

You can argue that all day long. Think of it as an 18 month interest free loan and grace period. Maybe that will make you come around.

[Guest usctrojanalum]

Really? Stealing? NO.. It just seems to me the consumer has rights to prompt billing. Being billed or asked to pay 18 months after the item was purchased is a stretch by any case. How would you like to be in these shoes? Put yourselves in this situation. By what you are saying it could have gone 10-20-100 years and I would still be liable.

I did my part as a consumer when I purchased the item. I provided them with a means of charging me for the goods. I wasn't deciteful I wasn't fraudulant, I did my part. They failed to act upon that within what I would consider a reasonable amount of time. If anyone says that 18 months is still reasonable I would argue that all day long.

If I am forced to pay I will, but a consumer should have rights too. Call it what you will But this company should be held liable for their error too, no one should be allowed to bill you for goods or services after a certian amount of time has past. No company can survive on that idea, "Oh, I'll just bill them when I get around to it." Imagine what a world this would be.

At any rate, I am doing my homework before I fork out any cash. Since I have so little at the moment I am not going to just hand it over till it is proven that I must.

Did you do your due diligence? Do you read your credit card statements? If yes, when you did not see the charge for the item, did you inquire with the company as to what happened? Maybe your card got declined? Did you know they did not charge you and you were just freerolling the seat?

And yes, it is basically like stealing - you technically did not own the seat until it was paid for. Google "legal conversion" for more insight as to what I'm talking about.