Reclaim Standing Orders payments

MTW1
MTW1 Posts: 5 Forumite
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in Reclaim mortgage fees, council tax, etc
Has anyone got advice on claiming money from a company where I had a Standing Order. I put my membership of this company 'on hold' and confirmed this by email. I did however, forget to cancel my SO to them. My bank paid out 7 months of SO to them. When I looked at their T's and C's it states '.... no refunds will be made for payments made in error'. This seems grossly unfair, even though I know I should have cancelled the SO, as they were not providing me with any services and I advised them I was putting the membership on hold. I have heard there is a law of 'unjust enrichment' that may help in this case. Does anyone have any experience of this??
Any advice appreciated.
Thanks

Comments

  • dunstonh
    dunstonh Posts: 116,281 Forumite
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    If they refuse, you take them to call using the small claims process.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • MTW1
    MTW1 Posts: 5 Forumite
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    Thank you for your reply. I was planning on using the small,claims process, just wondered if anyone had been through similar experience or if I am likely to win.
  • dunstonh
    dunstonh Posts: 116,281 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    If they have acknowledged your suspension and you have evidence of that, then you have a strong case. It means they have no legal entitlement to the money. If there is no acknowledgement of the suspension then it turns into a he said/she said scenario. That is not likely to go in your favour.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • MTW1
    MTW1 Posts: 5 Forumite
    Name Dropper First Post First Anniversary
    Thanks again. I have an email i sent them telling them I wanted to put my membership on hold. I have a copy of this, they did not acknowledge it though. Any ideas where I stand?
  • [Deleted User]
    [Deleted User] Posts: 26,612 Forumite
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    MTW1 wrote: »
    I have an email i sent them telling them I wanted to put my membership on hold. I have a copy of this, they did not acknowledge it though. Any ideas where I stand?
    If the E-Mail was not acknowledged they clearly haven't acted on your request. You'll get nowhere in court with an E-Mail only you sent.

    In fact, if you had cancelled the Standing Order without any response you would now be in arrears and the company would be chasing you.
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