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  • FIRST POST
    • MTW1
    • By MTW1 9th Feb 18, 4:29 PM
    • 3Posts
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    MTW1
    Reclaim Standing Orders payments
    • #1
    • 9th Feb 18, 4:29 PM
    Reclaim Standing Orders payments 9th Feb 18 at 4:29 PM
    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
Page 1
    • dunstonh
    • By dunstonh 9th Feb 18, 5:24 PM
    • 91,094 Posts
    • 58,107 Thanks
    dunstonh
    • #2
    • 9th Feb 18, 5:24 PM
    • #2
    • 9th Feb 18, 5:24 PM
    If they refuse, you take them to call using the small claims process.
    I am an Independent Financial Adviser (IFA). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • MTW1
    • By MTW1 10th Feb 18, 7:31 PM
    • 3 Posts
    • 0 Thanks
    MTW1
    • #3
    • 10th Feb 18, 7:31 PM
    • #3
    • 10th Feb 18, 7:31 PM
    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
    • By dunstonh 11th Feb 18, 12:09 AM
    • 91,094 Posts
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    dunstonh
    • #4
    • 11th Feb 18, 12:09 AM
    • #4
    • 11th Feb 18, 12:09 AM
    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). Comments are for discussion purposes only. They are not financial advice. Different people have different needs and what is right for one person may not be for another. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
    • MTW1
    • By MTW1 11th Feb 18, 7:16 AM
    • 3 Posts
    • 0 Thanks
    MTW1
    • #5
    • 11th Feb 18, 7:16 AM
    • #5
    • 11th Feb 18, 7:16 AM
    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?
    • Moneyineptitude
    • By Moneyineptitude 11th Feb 18, 9:26 AM
    • 19,490 Posts
    • 10,588 Thanks
    Moneyineptitude
    • #6
    • 11th Feb 18, 9:26 AM
    • #6
    • 11th Feb 18, 9:26 AM
    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?
    Originally posted by MTW1
    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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