Factor taking double payment

JS2006

Hi,

We pay a factor for building maintenance and cleaning and to be honest, have always been in arrears with them (long story) but have always made payments every month to try to bring the balance down. We have just never been in a position to pay the full amount off as there are always other things that need paying.


Anyway, last week I used their online payment service and got an error message saying they couldn't process the transaction and to call customer services. I did this and the chap took the payment over the phone. My wife then realised that they had taken the amount twice.


I called tonight and explained and the woman on the phone tried to say that I had successfully made the payment online and then willingly called to make the payment over the phone, and that as the account is in arrears they probably wouldn't refund the amount overtaken.


Can anyone tell me what I should be saying when her manager calls me tomorrow? Surely they are breaking the law by taking the double payment and refusing to refund, even if the account is in arrears?


Thanks.

[Deleted User]

JS2006 wrote: »

Surely they are breaking the law by taking the double payment and refusing to refund, even if the account is in arrears?

No law has been broken. On a positive note, you've finally cleared your arrears.

You'll have to rely on a goodwill gesture, but they are not obliged to refund.

unholyangel

What do the T&C's state about when payment is due, arrears etc? Was there any repayment plan agreed with them for payment of the arrears?

agrinnall

Moneyineptitude wrote: »

On a positive note, you've finally cleared your arrears.

Actually I'm not sure that they have, I think it's more likely that they've made a bigger than planned dent in the arrears but are still behind on the payments.

daytona0

This usually boils down to one simple question:

Do you have a screenshot, or any other evidence, of the error message taking place?

Because if you don't then what do you expect them to do? They've clawed money back from an account in default and there's no evidence of a problem taking place.

JS2006

I don't have any documents to hand unfortunately to check process etc.

No, the account will still be in arrears, but not defaulted. I have never had any communication from them telling me that they are unhappy with the situation.


I didn't take a screenshot, but the guy I spoke to who took the payment did ask me to read out the error message- all I can guess is that the calls are recorded (it's a pretty big company).

[Deleted User]

JS2006 wrote: »

I have never had any communication from them telling me that they are unhappy with the situation.

In your circumstance, that means zero.

All you can do is politely request that they refund the payment you made in error. They have broken no laws and, regardless of them not being "unhappy", you still owe them more money than you have paid. As already stated, they are under no legal obligation to refund you anything so word your refund request accordingly.

LilElvis

It's simple - don't bother paying them next month and you're debt to them will be back up to the same level as it would be if they refunded you the payment you made by mistake.

[Deleted User]

LilElvis wrote: »

It's simple - don't bother paying them next month and you're debt to them will be back up to the same level as it would be if they refunded you the payment you made by mistake.

Of course, that could result in the arrears suddenly becoming default.

In addition, the OP probably needs the money THIS month, not next..

daytona0

Moneyineptitude wrote: »

Of course, that could result in the arrears suddenly becoming default.

In addition, the OP probably needs the money THIS month, not next..

I wonder if OP has previously defaulted which led to them being in arrears in the present day...

And I wonder if the Factor needed the money X months ago, not next....

arcon5

Isn't being in arrears by its very nature having defaulted ?

But you do have my sympathies, things are obviously tight and this sounds like it will have a big impact on you. Ultimately though irrespective of the right and wrongs, legal no legal etc if they don't play ball there's nothing you can do in the short term