Newlyn refund question

jander

I'm owed a refund from Newlyn PLC due to them bodging up a warrant of execution. The refund was requested on the 16th of December but as of today I have not received a check. When I chased them today they told me the "person responsible for refunds is not back until the 2nd of January, call back and then and we will advise you".

My question is, are they bound by some law to refund the funds within a certain time period? When I asked, they evaded answering the question.

Thanks!

Quentin

You can pursue them via the courts though that will take longer than waiting till jan 2nd.

If you want to you can get the ball rolling now with a letter before action so that the clock is ticking should you get stonewalled on jan 2.

jander

Hi Quentin and thank you for the advice. Is there a template you could perhaps point me to?

Umkomaas

You ought to try Google on 'Letter Before Action' or 'Letter Before County Court Claim'. It's pretty good ya know!

jander

I have actually tried, they're fairly generic and in case of threatening court action I'd rather be precise; having said that I'll attempt modifying one and posting it here

Umkomaas

Have you read zzLazyDaisy's thread in the Crabman collation of stickies at the top of the forum index?

It's more about how to respond to a LBA/LBCCC, but you might find reading that, then apply some 'reverse logic', if you know what I mean, it will certainly add to your knowledge base for doing this. The sticky also has a number of links worth exploring, if you've not already seen them.

Here's your link:

https://forums.moneysavingexpert.com/discussion/4754020

The_Slithy_Tove

You want a template, and then complain that those available via a search are too generic as you want to be precise? Well, generic is the nature of templates, so some effort is going to be required.

However, if you look at the Practice Direction, it tells you what must be contained. Make it brief, concise, but ensuring all the necessary detail is in. My guess it should simply be along the lines of
- You owe me £X
- This is why
- This is the paper trail that proves it
- Now cough up within 14 days or I'll sue.
Make sure you address it direct to the company secretary.

jander

The_Slithy_Tove wrote: »

You want a template, and then complain that those available via a search are too generic as you want to be precise? Well, generic is the nature of templates, so some effort is going to be required.

However, if you look at the Practice Direction, it tells you what must be contained. Make it brief, concise, but ensuring all the necessary detail is in. My guess it should simply be along the lines of
- You owe me £X
- This is why
- This is the paper trail that proves it
- Now cough up within 14 days or I'll sue.
Make sure you address it direct to the company secretary.

I actually don't recall complaining, apologies if the tone of the post through the intertubes came across as such.

Umkomaas' link was actually extremely enlightening, as it all it boils down to is, that I need to follow Practice Direction on Pre-action Conduct from justice.gov.uk and draft my letter accordingly

Umkomaas

Umkomaas' link was actually extremely enlightening, as it all it boils down to is, that I need to follow Practice Direction on Pre-action Conduct from justice.gov.uk and draft my letter accordingly

Happy to help .

But please keep us informed of progress/outcome. Do ask for any help needed along the way.

jander

I called them again today and I was told that only their director is authorised to sign off refunds and he's on annual leave(!) and that in any case they ask for 6 weeks for a refund to be processed. There is nothing on their website that mentions a refund policy however. Time for a letter before court action to be drafted?

bazster

Sending the letter can't hurt, and doing it now will save time should you eventually decide on court action.