Unwelcome Annual Renewal

S.F.G.Zzz.

I need some help and advice as I'm quite concerned about the credit-rating repurcusions of this problem.

We bought a laptop back in 2004 from time computers.
We took out an extended warranty.
Time computers went bust.
Extended warranty was then transferred to a company called "TotalCare". We allowed the warranty to auto-renew for several years as we may have used it.
This year money is too tight to mention, so when they took £44.29 from my account by direct debit I phoned to ask for a cancellation and refund.
I was told that although they could cancel the warranty there would be no refund even though I had called just a couple of days after the renewal.
The guy on the phone said that I should have written to them 30 days prior to the renewal. I begged, they said no.
I went back to my filing and dug out my terms and conditions where I discovered this interesting clause;

"... Thereafter this Agreement shall automatically continue for successive period of 12 months unless terminated by you in accordance with condition 10.3 we will notify you in writing prior to each and every renewal to advise you of your right to cancel this Agreement."

I searched my memory and my records but found no evidence of this written reminder.
I phoned my bank and asked them to claim back the money under the direct debit guarantee as TotalCare was not entitled to take the money because they were in breach of contract. My bank agreed and I got the money back, we also cancelled the direct debit. I was very pleased and had put the incident behind me.

Then today I received a letter from TotalCare asking for the £44.29. I decided to call them and explain what had happened. I explained all of the above but the woman simply said that they had sent me a reminder at the end of April. She then told me that if I did not pay up for this years warranty that they would add £20 in late payment charges and then pass the matter to a third-party debt collector who may then take me to court. She also said that the whole affair would get worse next year as they would renew the policy again! On top of all that I was told the failure to pay would affect my credit rating.

I cannot afford to pay for this warranty this year and I do not want the service. They say they sent a reminder but I am adamant they didn't. What am I to do?

Mupette

most of my renewals are via email, could it have been sent that way and you may have deleted it?

If they posted it, ask if you can have a copy of that sent out.

S.F.G.Zzz.

Thanks Mupette,

I am certain that they didnt send an email, in fact the woman on the phone said that they had posted the reminder and that they had some kind of scanned post-room record to prove this. When I told her I had not received it she sarcastically suggested I spoke to the postman about it.
What constitutes proof that they sent the reminder?
Anyone could easily create postal records after the fact.
I will ask for a copy of their records though.

Surely this just comes down to my word against theirs?

Mupette

it could boil down to that, but if you feel deep down you never received it, and they 'claim' they did, do ask for the proof.