Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Turtle1000 Novitiate

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    Thumbs up Full Refund from Privacyguard

    Just thought I would pass on information that led to a full refund from Privacyguard.

    Following the theft of my wallet whilst on vacation last year, I was asked to try out Privacyguard via LloydsTSB during a phone callicon to discuss the fraudelent charges made on my credit card. I agreed to undergo a trial of the Privacyguard service for £1.00.

    Nothing ever arrived from Privacyguard, so a trial was never undertaken. Despite this, Privacyguard carried on regardless and took £6.99 each month from my Credit Card.

    LloydsTSB said it is nothing to do with them, they are only introducing agents. Not sure I totally agree with this stance - I think some joint liability exists along the lines. But not too concerned.

    One probing phone callicon to Privacyguard, to determine what info they have on record. A quite accommodating Customer Service Rep, who advised that they have nothing on record except that they had sent a trial pack. I avoided their get around that if I register now, they will set everything up and will cover (insurance wise) anything detected on my credit report since the date the trial should have begun. Key point to note is that they were not offering to let me undergo a trial, but to continue with their standard service. Obviously, I refused and instructed they take no further money in relation to this account. I finished the call by obtaining a complaints address.

    Wrote a letter to Privacyguard, sent recorded delivery and without my standard signatureicon as a precaution.

    Privacyguard
    Operation Centre
    Sentinal House
    Airspeed Road
    Portsmouth
    PO3 5RF

    Dear Sir / Madam,

    Account in relation to LloydsTSB Mastercard (xxxx xxxx xxxx xxxx)

    I enquired on xx-xxx-xx about a recurring charge of £6.99, referenced as Privacyguard, being made to my credit card which I identified following a recent review following non-related problems.

    As discussed with your representative, ‘xxxxxxxxxxxx' recall agreeing to receive a trial of your service for £1.00. This was following a telephone callicon regarding my credit card being stolen, hence such protection was a concern for me at that point.

    As advised to xxxxxxxxxxxx, I have never received any documentation in relation to the Privacyguard services. xxxxxxxxxxxx advised that your records show dispatch of a ‘trial pack’, but no further information regards any other correspondence or registration.

    On query of the way forward, your representative requested to resend the ‘trial package’ such that I could register my details with Experian and commence monitoring, assuring me that any backdated issues or concerns with my credit report, since the date of original agreement to receive the trial pack, would be honoured and dealt with.

    Up until that point in the conversation, I would have been happy to agree with receiving the trial package and commencing the trial. However, xxxxxxxxxxxx advised that any monies paid to date would not be refunded.

    It is clear from the conversation, that to date no service has or could have been provided by Privacyguard, as no registration details have ever been processed. Furthermore, your offer to backdate cover, whilst seemingly generous, is unspecified in terms and negates recognition that a monitoring service has not been provided for the period since inception. Nor does it recognise that I have not been given a trial of the service with an option to cease.

    The agreed terms between LloydsTSB, acting as authorised agent to Privacyguard and myself were the provision of a 30 day trial of Privacyguard for the obligation of £1.00, with an ongoing commitment of £6.99 per month if cancellation was not made prior to the end of the trial period.

    As no trial period has been allowed the present situation is that Privacyguard have failed to conform the agreement for my consideration of your product, whilst my obligation £1.00 has been paid.

    without prejudiceicon, I observe Privacyguard in breach of The Supply of Goods & Services Act 1982 (as amended), Part II, Section 14, Clause 1. I consider the passing of 7 calendar months to be a fact of reasonable period. Due to this failure I exercise my right to rescind the contract and require Privacyguard to return all funds taken to date in recognition of the breach.

    Provided all funds are returned in a timely manner, 4 weeks for the purpose of clarity, I shall consider the matter closed and final.

    I trust you have no dispute with the above observation and wait your positive reply in recognition and advising return of all funds within the stipulated timeframe
    .

    Yours sincerely,


    As can be seen, the letter outlined my recinding of the contract on the basis that a breach was made by Privacyguard in their failure to provide a trial of the service. That I had upheld my side of the agreement (by paying £1.00) and Privacyguard had failed to provide the paid for service (a trial).
    I further highlighted that it was impossible for Privacyguard to have provided any service at all as no details were known or registered, as advised by their own Customer Service Rep.

    I received two letters back from Privacyguard within 2 weeks. First was acknowledgment of cancellation. The second was agreeing to a full refund following review of the account particulars.

    It was a worrying moment between the two letters whilst I thought that I would only receive the cancellation letter in ignorance of my recorded delivery letter, but I resisted temptation to complain and remembering I had allowed a generous 4 week period for them to resolve.

    The second letter did not admit any liability, nor did I expect it to. But it state that Privacyguard recgonised that I had not been given a trial period and therefore could not establish if I would like to maintain the policy.

    All funds are now returned back in my account.

    Just thought the above may help someone out if they are in a similar situation.

    Disclaimer...
    All advice, information, views, opinions or statements, etc. offered by 'Turtle1000' is taken at a readers 'own risk & responsibility' and 'Without Prejudice'.

    Should a reader wish to undertake action following advice, information, views, opinions or statements, etc. by 'Turtle1000', it is recommended that full & proper legal consulation be first made before any implimentation or undertakings.
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  2. #2
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    Default Re: Full Refund from Privacyguard

    well done

    dx

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