I bought an item online 4/10/12.
As I still hadn't received it this morning, I logged into my account on the sellers website to find that my order is still listed as 'pending'.
I phoned the seller immediately and he stated that he had not received my payment.
I paid through the seller’s payment processor ... Nochex.
I paid on the 4/10/12.
I immediately checked my bank statement online.
The payment came off my account on 9/10/12..
. there's a payment reference number on my statement.
I informed the seller of this and he said he'd check with Nochex re same.
He got back to me later and said that he hadn't resolved the issue with Nochex.
I told him that I wanted my goods to be dispatched today as I've paid for them and have proof of same.
I said that I was more than willing to send him a screenshot of my bank statement as proof that the item had been paid.
He didn't seem impressed as he said that he was still without the funds.
I said that was between him and Nochex to resolve and had nothing to do with me.
He said [begrudgingly] that he would post my item today.
It's now 7.30pm and there's no change to the status of my online account .
.. my order is still listed as 'pending'.
What is the legal position on this?
Surely the dispute is between the seller and his payment processor to sort out.
I've paid in good faith.
The money has left my account.
Does he not have a legal responsibility to send my goods?
Cheers.