Order not placed by me on Cdiscount.
Vita2
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Hello everyone, my case is quite easy to explain. A friend ordered products worth 570 and 40€ on Cdiscount. She subscribed to a payment in installments and stopped paying.
Cdiscount calls me often since then, I gave them the phone number of the latter. They have her bank details and her address.
BUT they keep calling me saying they will send bailiffs and that I risk being blacklisted... I absolutely do not intend to pay these orders which are not mine and I can prove that I do not have access to these goods.
What do you think? What should I do? What legal remedies are possible?
Thank you.
Cdiscount calls me often since then, I gave them the phone number of the latter. They have her bank details and her address.
BUT they keep calling me saying they will send bailiffs and that I risk being blacklisted... I absolutely do not intend to pay these orders which are not mine and I can prove that I do not have access to these goods.
What do you think? What should I do? What legal remedies are possible?
Thank you.
3 answers
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Hello
If you gave your credentials (Customer No.) to place this order, for the supplier it was you who bought, and they have no recourse against your "friend".... but against "you" they can take action....
In short, unless you can prove that this person fraudulently used your credentials, you are responsible for the purchases made in your name and liable for the amounts due....
Then you will only have to find an "arrangement" with this "friend".....
See you later
My mission is to kill time and hers to kill me in turn.
We are perfectly comfortable among assassins (E. Cioran) -
Hello
not sure that account ID proves it, I would say it’s the bank details that prove who the buyer is.
I think your friend no longer has the same account number or card, and in that case they turn against the only identifiable person.
if I were you, I would contact a legal aid or an association
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With a computer, you can do things faster that you wouldn’t have needed to do without a computer.-
Hi
To my knowledge, the account holder is responsible for purchases made in the name of that account (name identified by contractual elements established when the account was created)
This holder is responsible for the use of these identification elements.
Another person can pay for a purchase made on someone else’s account, but that’s only a practical arrangement possibly accepted by the merchant... which does not legally waive, nor can waive, the merchant's rights to demand payment of the debt, and this by the account holder who remains legally the sole guarantor of this commitment.
In short, when you authorize someone to use your account to place an order, it is at your own risk.
That said, nothing prevents seeking confirmation/denial from legal assistance, but I don’t see how someone who voluntarily entrusted confidential information to another person to make a purchase could absolve themselves of the obligations. -
in my view (but I’m not a lawyer and my law courses go back to… pffff). the commitment to pay was made by her friend (by logging in with her card, her PIN, her name, her delivery address) so logically they should pursue her and not Vita.
similarly, in a long-term relationship or union that is not married or civilly partnered, where there is a single account but two separate bank cards for their purchases, one cannot be held responsible for the arrears of his/her partner. -
I do not think the example of concubines is comparable; indeed, they are each clearly identified with the bank, and even if there is no joint liability (which, by the way, surprises me in the case of a joint account... but well, I have never questioned it), in short, if one of the two does not fulfill their part of the contract (loan, purchase, etc.), they will be pursued, but the account existed before the default and defined who would bear any potential defaults... Here the pre-existing contract is between the merchant and Vita2; it is Vita2 that chose to modify the execution of her part of the contract by allowing a third party to use the account. The merchant may have consented in the sense that he accepted that a payment be made by a third party... which does not mean that this relieves the responsibility of the pre-defined contracting party in case of a shortfall by the third party...
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In my example of cohabitors (and not of spouses who are, by definition, officially bound and thus jointly liable) as in Vita's case, there is no joint account but two separate bank accounts, so to summarize: different accounts, different addresses, no official link between them equals no liability solidarity for debts.
The fact that it’s her account changes nothing since it is the holder of the bank card who commits to paying, not the account holder.
Cdiscount is just putting pressure because it is cheaper and faster to claim money from Vita than to file a lawsuit, pay a lawyer, and wait for a judgment that will probably state the debt in case of inability to pay.
Nevertheless, I reiterate my advisory to seek legal aid (there are free consultations in every department), either by approaching a consumer association. -
The only point on which we agree is the advice to seek legal assistance, if only because Vita2 will quickly end up in the hands of some collection agency and it will be even harder for her to escape from it...
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Hello,
I’m in the same situation as you. Someone ordered on my account and did not pay the remaining installments. They had called Cdiscount to tell them they would find a solution with them. I think they didn’t pay and Cdiscount sent the case to a bailiff. May I know how your story ended? If others have solutions, could they share them with me? Thanks in advance!
Ps: Cdiscount has the address, the person’s number. They know full well that the ordered products are with that same person.
