Am I entitled to a refund in court?

fionagil

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...:mad:

Geodark

fionagil wrote: »

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...:mad:

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

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

If mediation has already taken place then does that mean you've already filed a claim?

sheramber

Geodark wrote: »

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!

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

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...