Help I paid too much to 18185 now they wont refund the difference

[mahharg]

Hi everyone. I hope someone can advise me. I had a bill from http://www.18185.co.uk for just £2.51 which is from 2 years ago. My account was suspended until I paid it. I don't use the service anymore so my intentions was to clear this then close the account down. Unfortunately I paid via online banking and I paid £35 which is a massive £32.49 too much.

 

I phoned my bank (Barclays) straight away to stop the payment but because it had already reached the destination bank account they were unable to which I believe is correct what with this faster payment system.

 

I contacted 18185 via email (no phone contact) to ask for the difference back but they informed me that the credit will be applied to my account and that they don't issue refunds.

 

I really need that money to pay other bills. What are my legal rights? I believe they are not trading in the UK but in Switzerland

[mahharg]

Hi

 

I have copied some items from the terms and conditions on http://www.18185.co.uk. Does this mean that English law applies?

 

Definitions

"you" and "your" means you, the person entering into this agreement with us;

"18185", "we" or "us" means Finarea SA (company number CH-514.3.024.457-9/)

 

 

Governing law

 

These terms and conditions shall be governed by and interpreted in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to resolve any disputes between us.

[buzby]

None really. You paid them, and providing they unblock your account, you will be able to use up the balance -so nothing is (really) lost.

 

If you had paid the money into a random (incorrect) account, you would have lost your money totally, unless the recipient voluntarily agreed to return it. English law will apply, however nowhere in this provides you with the recourse to a refund that you seek. They did not coerce you, and you willingly paid it. If they have a policy of not providing refunds (like the airlines) you're stuffed.

 

You must always check then recheck not only the amount but the account you are crediting.

[mahharg]

I have been in contact with Consumer Direct. I mentioned that I have used nothing in call costs for the past 1-2 years and have no intention to (free calls via my mobile). I was advised that it would be fair to expect a refund. If I was to close my account with 18185 would I be entitled to a refund of monies owed or would this make matters worse?

 

I have sent a "letter before action" but this seems a waste because I have requested a postal address to which no reply has been received. This company works under the Law of Engalnd and Wales but have no complaints procedure which seems wrong.

 

Would I be wasting my if I was to take it to the small claims court with just the bank account details (English bank) that the money was sent to and the corrospondence with 18185 and their terms and conditions?

 

I am thinking that maybe just maybe the court could give some sort of order for me to get the money from that bank account via one of their branches?

 

Sorry if it seems far fetched but this company is now infuriating me.

[buzby]

Yes, a Small Claims action requires a Registered Office address in E&W. However, you can raise an EU action in a similar manner and give them the aggro, BUT if their T&C stated no refunds, you would be hard pressed to prove this was inherently unfair.

[mahharg]

Thanks for the reply Buzby. I can't see anywhere in the T's & C's about not giving refunds. Do you know or does anyone know how to start the EU route and is it the same procedure as the small claims here as in will I still need a registered address?

[buzby]

I put the details of how you can do this a few months back. The forms are D/l from the EUSite. Do a search on CAG for it and you'll get the link!