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  • FIRST POST
    • fionagil
    • By fionagil 6th Feb 18, 12:59 PM
    • 8Posts
    • 0Thanks
    fionagil
    Am I entitled to a refund in court?
    • #1
    • 6th Feb 18, 12:59 PM
    Am I entitled to a refund in court? 6th Feb 18 at 12:59 PM
    I (apparently!) opened a standing order 9 years ago, although the bank cannot produce my original mandate as it was taken out more than 6 years ago.

    The person receiving this SO worked for a diet company which went into administration 4 years ago, so, the service I was giving to was no longer able to supply that service to me anyway.

    I realised the mistake in allowing this to go on undetected for so long and now wish to take her to the small claims court to get a refund.

    Mediation did not work as she offered me compensation of ....9 years attending her NEW diet club for free!!!! No thank you...

    I cannot remember ever signing a SO mandate, nor can I remember ever attending her class.

    She says I did and that she has proof that I did, however I've never been shown any proof...

    Where do I stand legally...any advice? I know that morally she is totally out of order, but you can't take someone to court on a moral issue..!!

    Any advice? Would be most grateful...
Page 1
    • Geodark
    • By Geodark 6th Feb 18, 1:06 PM
    • 751 Posts
    • 469 Thanks
    Geodark
    • #2
    • 6th Feb 18, 1:06 PM
    • #2
    • 6th Feb 18, 1:06 PM
    I (apparently!) opened a standing order 9 years ago, although the bank cannot produce my original mandate as it was taken out more than 6 years ago.

    The person receiving this SO worked for a diet company which went into administration 4 years ago, so, the service I was giving to was no longer able to supply that service to me anyway.

    I realised the mistake in allowing this to go on undetected for so long and now wish to take her to the small claims court to get a refund.

    Mediation did not work as she offered me compensation of ....9 years attending her NEW diet club for free!!!! No thank you...

    I cannot remember ever signing a SO mandate, nor can I remember ever attending her class.

    She says I did and that she has proof that I did, however I've never been shown any proof...

    Where do I stand legally...any advice? I know that morally she is totally out of order, but you can't take someone to court on a moral issue..!!

    Any advice? Would be most grateful...
    Originally posted by fionagil
    But you must have given her your bank details at some point, otherwise how can she have been getting the money? 9 years an not noticed that SO was coming out of your account? I check my account online every day and know where every penny goes!
    • Mr.Generous
    • By Mr.Generous 6th Feb 18, 1:06 PM
    • 1,735 Posts
    • 2,617 Thanks
    Mr.Generous
    • #3
    • 6th Feb 18, 1:06 PM
    • #3
    • 6th Feb 18, 1:06 PM
    Do a letter before action asking for your money back, and requesting her proof of your DD, and if that fails a small claims court looks the best option.
    • DoaM
    • By DoaM 6th Feb 18, 1:13 PM
    • 3,984 Posts
    • 4,034 Thanks
    DoaM
    • #4
    • 6th Feb 18, 1:13 PM
    • #4
    • 6th Feb 18, 1:13 PM
    If mediation has already taken place then does that mean you've already filed a claim?
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • sheramber
    • By sheramber 6th Feb 18, 1:23 PM
    • 4,275 Posts
    • 3,234 Thanks
    sheramber
    • #5
    • 6th Feb 18, 1:23 PM
    • #5
    • 6th Feb 18, 1:23 PM
    But you must have given her your bank details at some point, otherwise how can she have been getting the money? 9 years an not noticed that SO was coming out of your account? I check my account online every day and know where every penny goes!
    Originally posted by Geodark
    A SO is set up by the person sending the money, not the receiver. So the OP set up the standing order- not a DD- to pay her. She would just give the OP HER bank details for the SO to be sent to.
    • fionagil
    • By fionagil 6th Feb 18, 10:48 PM
    • 8 Posts
    • 0 Thanks
    fionagil
    • #6
    • 6th Feb 18, 10:48 PM
    • #6
    • 6th Feb 18, 10:48 PM
    I did send her 2 emails, then delivered a letter to her expressing my intention to take her to the small claims court.

    We were then offered mediation, which has taken place.

    She had a solicitor talk to the mediator on her behalf and they offered me compensation in the form of 8 years free membership t her weekly exercise class!!! I duly declined and now intend to continue to court...
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