Awaiting refund from AOL ..

[Cheeseybob]

I have used AOL albeit not great but just convenient, for many years. We moved to France in 2004 and I continued to use AOL until suddenly, this july the service stopped abruptly. I rang and was transferred a total of 8 times to various members of the 'help' desk. Each time I explained that I lived inFrance and each time gave my telephone number. Anyway, to cut a long story short, onthe 8th time I was told that Carphone Warehouse had taken over AOL and were not going outside of the UK. AOL had already taken my payment for july, so I asked for a refund and for the monthly payment to be stopped. They of course assured me this would be done and I asked that no further payments would be taken. So you can imagine my surprise when AOL took Augusts payment out, bearing in mind I hadn't received July's refund. I again phoned and got passed around and I was assured once again that the account would be cancelled and no more money would be taken. I was told on 19 Aug that a refund would take 30 days. I have phoned them again today and they have said that a payment into my bank account has been made, but this is not showing on my bank account. I need to know where I stand now about collecting this money £44, not a lot of money but it was taken from my bank account 'illegally.' I hae told them I will give them another week to see if it appears in my account. Is there a letter I can threaten them with if the money is not forthcoming. This is only my 2nd post, so apologies for the long winded-ness. Thanks in advance.

[barracad]

Are the payments being taken from a card, or out of your bank by Direct Debit?

	The Direct Debit Guarantee • The Guarantee is offered by all Banks and Building Societies that take part in the Direct Debit Scheme. The efficiency and security of the Scheme is monitored and protected by your own Bank or Building Society. • If the amounts to be paid or the payment dates change, we will notify you three working days in advance of your account being debited or as otherwise agreed. • If an error is made by us or by your Bank or Building Society, you are guaranteed a full and immediate refund from your branch of the amount paid. • You can cancel a Direct Debit at any time by writing your Bank or Building Society. Please also send a copy of your letter to us. This is a term of your banking contract and you can sue on it.

[Cheeseybob]

Apologies for the delay. They were being taken from my debit card as a recurring visa transaction. The bank have no authority to cancel the payment, it is down to AOL to cancel it. They only way to stop the payment was by cancelling my credit card and issuing me with a new one, which I don't see why I should. I told the bank that AOL have more control over my account than they do. Surely this cannot be right for the consumer... Anyways, having checked my account, no money has been taken this month, but they are over the 30day 'wait' that they told me would happen. This is money that should never have been taken from my account, as I have it in writing from the 'guy' I spoke to at AOL that it wouldn't be. I asked him to email me that no more monies would be taken and he said no he could promise they wouldn't - and they did. I did forward a copy of the email to the AOL billing department when the 2nd lot of money was taken, but they are about as much help as a hole in the head

[Scooter99]

Snap M8 i am waiting for £53.99 i was with aol for 3 years then i moved house done all the house move stuff like telling them my new address. I moved in after a few weeks i thought this aint right so i phoned them and they told me i did not have an account with them.After a while they sorted that out then after 3 months of not being on i look at my bank details and they have took 3 months money out of my account so phoned them again said i would get my money back in 30 days that passed phoned them again told them what happend then the lad says there is no records of that so bye this time i had lost it on the phone now he is going to give it back to me just a week to go and that will be another 30 days

[locutus]

Visa have some sort of guarantee where you can reclaim funds... dunno if that applies here, maybe someone else can shed more light on it?

[Cheeseybob]

Hey Scooter. I spoke to yet another person at AOL on Thursday and I have now threatened them with OFCOM if I do not receive my refund in the next 2 weeks. I was online talking her through my AOL account and 'she doesn't know why this hasn't been refunded'!! Each time I am told a different story. At the beginning of Sept I was told a chq would be issued to me and then on Thurs I was told that they do not issue cheques any more and that the money will be paid straight back into my bank account. I told the girl I will not put up with any more lies, and that I have emails from cetain people at AOL telling me that no more monies would be taken, my account was closed and clearly it wasn't. I told her I spoke to a chap in Sept who said he would pay the money straight back into my bank account, and she then said that I do not have your bank details on the screen, (so yet another lie from the bloke I spoke to). I gave her my debit card number and told her that if she opens up a new AOL account with it, she will have more than OFCOM to deal with. I am not a nasty person but these people are just working off a call list and anything outside that list they can't deal with. I think even if I go to OFCOM they won't do much, I just have that 'feeling'.

[locutus]

CISAS: Communications & Internet Services Adjudication Scheme have a few more teeth than OFCOM (but that ain't saying much) they're quite slow but can get results (including compensation)

If you want to keep the power in your hands and handle the complaint yourself, send a LBA and take them to small claims court 14 days later. You will be able to claim for what AOL owe, and your court costs (and 8% PA interest but I can't see that being a huge amount).

	Small Claims kit by Lawpack Sue your bank as many times as you like with just one Small Claims kit by Lawpack. Follow this link to read the review. The kit contains everything you need: instruction manual, templates, examples, forms and a comprehensive CDRom. Applies to England and Wales

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[legalpickle]

Ofcom is useless! They can't do anything.

CISAS is an Ombudsman scheme as is Otelo and you can only complain to them after following the relevant companies dispute resolution or complaints procedure.

VISA debit has a chargeback facility and the bank can use this facility.

The only way to get anywhere quickly that it is likely to work is to sue but from France that's a problem.

You can write them a harsh letter and send it to their complaints address and then go to CISAS - the scheme I believe they subscribe to - if you get an unsatisfactory final response or get no response after 12 weeks - yes 12 weeks!

Are you coming back to the UK for a visit? Do you have somebody in the UK whose address you can use? If yes I'd send them a final letter before legal action to their registered office [check it against the company name at Companies House and select WEBcheck] by special delivery from the UK [not recorded delivery as it isn't guaranteed] and then issue a court claim preferably by having a friend file it at their local County Court or worst case by using Money Claim Online. But you can't do this if you're in France and don't plan to return to the UK at all - for which I couldn't blame you!

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

	The Financial Ombudsman Service For the most part, don't bother. The Ombudsman is an industry arranged service which is under-resourced, takes too long, lacks clear transparency. You have no idea what evidence the FOS has received from the bank or how your complain has really been handled. The FOS is the preferred complaints route for the banking industry. The county court is to be preferred by consumers for its speed, openness, the quality of its awards and also because it will award 8% interest on top of any damages won by you. The Ombudsman should normally be used to solving little technical difficulties or customer service problems which you have expereinced with your bank.

[Cheeseybob]

Hello legalpickle... You are right, I am not coming back to the UK (too dear), but my children live in England, so I could use my daughters address. They have until next thursday - which is 'when she said the refund would be done' yeah right! I am keeping to my side of the conversation so that they can't say I was being too hasty etc.
I will keep you informed of my progress, but as they say 'don't hold your breath'.

[legalpickle]

Originally Posted by Cheeseybob

Hello legalpickle... You are right, I am not coming back to the UK (too dear), but my children live in England, so I could use my daughters address. They have until next thursday - which is 'when she said the refund would be done' yeah right! I am keeping to my side of the conversation so that they can't say I was being too hasty etc.
I will keep you informed of my progress, but as they say 'don't hold your breath'.

Problem with using your daughters address for the court proceedings is if they defend the claim and you have to go to court. Unlikely at least that it will reach a hearing but you must be prepared for all eventualities.

[Cheeseybob]

Hello again, I telephoned AOL today as it has been nearly 2 weeks since I last called regarding my refund. Yet another name to my ever growing list - but this one assured me that my refund was requested on 2.10.08 (same day I last called) and was told it should be in my bank by 2.11.08. We shall see..... I will let you know once I have it.

[legalpickle]

Originally Posted by Cheeseybob

Hello again, I telephoned AOL today as it has been nearly 2 weeks since I last called regarding my refund. Yet another name to my ever growing list - but this one assured me that my refund was requested on 2.10.08 (same day I last called) and was told it should be in my bank by 2.11.08. We shall see..... I will let you know once I have it.

Believe it when it happens - unlikely.

[locutus]

Originally Posted by legalpickle

VISA debit has a chargeback facility and the bank can use this facility.

If no joy I'd be looking at that option.

Originally Posted by legalpickle

You can write them a harsh letter and send it to their complaints address and then go to CISAS - the scheme I believe they subscribe to - if you get an unsatisfactory final response or get no response after 12 weeks - yes 12 weeks!

The 12 weeks to sort a complaint must be almost up as this all started in July... That's another avenue you could follow.

[legalpickle]

Originally Posted by locutus

If no joy I'd be looking at that option.

Why not look at it now? It would surely wake them up.

Originally Posted by locutus

The 12 weeks to sort a complaint must be almost up as this all started in July... That's another avenue you could follow.

Only if the original complaint was in writing and to the address that CISAS have on file, otherwise they'll reject it - experience.

[Cheeseybob]

Evening Guys
I have not put anything in writing yet, I have done it over the phone as I live in France, the postage could take forever and then wait for replies etc.. I have a letter of complaint drawn up and ready, but unfortunately a family matter has arisen which takes priority over this, so for now I will have to leave it. When I spoke to Nationwide they only said I would have to cancel the debit card and them issue me another one, they never mentioned the other option. Thanks for your help and will be in touch soon.

[Cheeseybob]

I am extremely happy - I have just checked my bank account and AOL have refunded my £43.10 .... I am now just going to wait to see if they use my debit card details to set up a new account, which I have asked them NOT to do, yeah right!
Thanks for all your help and wish you all well.

[legalpickle]

Originally Posted by Cheeseybob

I am extremely happy - I have just checked my bank account and AOL have refunded my £43.10 .... I am now just going to wait to see if they use my debit card details to set up a new account, which I have asked them NOT to do, yeah right!
Thanks for all your help and wish you all well.

Firstly, well done.

Secondly, why did you even mention the possibility of setting up a new account to them? With the way they've behaved till now you shouldn't ever give them any ideas!

[Cheeseybob]

Because they don't do cheque refunds, so had to give them my debit card details again to be refunded. I have looked on the aol account and it is clear, showing the refund sent to me, but no billing so far. I do not use aol.com, instead I use aol.co.uk to get the free emails etc. I was told if I use aol.com it will re-activate the account.
I shall just have to be patient and see what happens.

[legalpickle]

Originally Posted by Cheeseybob

Because they don't do cheque refunds, so had to give them my debit card details again to be refunded. I have looked on the aol account and it is clear, showing the refund sent to me, but no billing so far. I do not use aol.com, instead I use aol.co.uk to get the free emails etc. I was told if I use aol.com it will re-activate the account.
I shall just have to be patient and see what happens.

Still no reason to give them any ideas. Giving them debit card details to make a refund and mentioning reconnection are two separate things.
Hopefully nothing will happen, though, somehow - sorry for being so negative - I doubt that!