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I recently received a letter from europ assist asking me to pay £70.00 for a breakdown service I had back in july 04. They are claiming that during a recent audit they found that mycredit/debit card was unfortunatley not charged at the time of the assistance received. My question is if you dare accept the challange are they right in commanding this payment after year has passed after all it is there error and not mine. I have checked my back statements through internet banking but my statements do not go that for back. please reply ASAP as I have now received another letter demanding payment within 7 days and I really need your advice.

Regards

Mike Plant

Comments

  • skanger
    skanger Posts: 74 Forumite
    Tricky

    My first reaction is to suggest you write and ask them to prove the debt, which they 'should' be able to do.

    I might be wrong but the fact that you tendered payment means you have accepted the contract and just because they failed to claim the money from your debit card doesn't remove your liability to pay for the service / goods you received.

    You might however be able to offer a reduced payment in full and final settlement based on your incurred costs in having to make the same payment twice due to an oversight on thier behalf.

    That said, I'm no lawyer.

    Skanger
  • martinpike
    martinpike Posts: 357 Forumite
    Part of the Furniture Combo Breaker
    If you don't think you've paid it, pay it.

    At worst, write to them saying you need more time to check your bank records, then do that.

    Trying to wriggle out of this is morally wrong in my view. This isn't a case of poor service - they rescued you!
  • CTT_2
    CTT_2 Posts: 403 Forumite
    martinpike wrote:
    If you don't think you've paid it, pay it.

    At worst, write to them saying you need more time to check your bank records, then do that.

    Trying to wriggle out of this is morally wrong in my view. This isn't a case of poor service - they rescued you!


    Well said.........
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    If the debt is genuine, they have six years to claim the money and start court proceedings, if necessary (though, note, if you admit the debt during that time, the six year period starts again).

    You need to check with your card provider to see if the money was ever paid. If it wasn't, then you do still owe the money. The fact that it was their error does not change this.

    If your circumstances have changed since then - eg you have since become unemployed - they may be willing to write the debt off, as a gesture of goodwill, but they are under no legal obligation to do so.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Dont get me wrong. Im not trying to wriggle out of paying just trying to find out if there is a time limit. Thanks anyway

    Regards mike
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