Am I entitled to a refund in court?
Comments
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She would be unable to stop the standing order. I dont think its unreasonable for the onus to be on you to cancel as she cannot.Please do not quote spam as this enables it to 'live on' once the spam post is removed.
If you quote me, don't forget the capital 'M'
Declutterers of the world - unite! :rotfl::rotfl:0 -
Money_maker wrote: »She would be unable to stop the standing order. I dont think its unreasonable for the onus to be on you to cancel as she cannot.
I don't think that's in question.
Essentially, the OP is suggesting that the money was not owed to the payee - and it was paid in error.
If money is paid into your bank account in error which is not owed to you (by SO or otherwise), you have a duty to return it.
The question is whether the money was owed to the payee (so she can keep it) - or whether it was not owed to the payee (so it has to be returned).0 -
I have to say I have no recollection of signing a SO to join this diet club at all, so I have received no documentation relating to any contract or service, which is why it went undetected for so long.
The SO was coming out of my a/c ref. R.C.D.F.C so it was not obvious to me what this payment was for. I imagined it to be perhaps an insurance/medical policy??
Payments were going it to her bank a/c and she paid the diet club a nominal monthly fee until she no longer had to following their going into administration , but she continued to be in receipt of my SO fee.. She was self employed as a franchisee.
Does this give you any clues as to her position.
It went undetected for so long because you failed to check your outgoings properly.
What is important in any contract is the terms and conditions. Without knowing these it is difficult to ascertain what you were or were not entitled to and from whom. The franchisee continuing to take money from you after the franchisor ceasing to trade does not seem to be wellfounded, but it may well be permissible under the T+Cs of the original contract.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
You mention in your other thread you have had legal advice. Why on earth then are you asking anonymous people on a forum for their advice?0
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Hi..You mention in your other thread you have had legal advice. Why on earth then are you asking anonymous people on a forum for their advice?
Thank you for your comments, however, I (the claimant) didn't take legal advice but the defendant did..
I think you may have misread my thread? Sorry, if my wording confused you!
Regardless of whether I have had a legal opinion or not, other peoples opinions are always valuable as they may have had/are having similar experiences to me, so talking it through with others can be very helpful for a wide range of reasons...hence the 'forum'.
Besides, I never rely on one opinion...every day is a school day...:D0 -
BoP now interprets for the forgetful
OP has paid a Standing Order, set up at their bank by the payer, for nine years and has only just noticed this on their statement. they wish redress as recipient closed their business some time ago.
They have sought professional advice, and some barrack room smoke lounge advice around here.
Unfortunately, to date they have not heard the answer they have wanted!Besides, I never rely on one opinion...every day is a school day...:D0
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