overpaying the debt company

[kiltedman]

Hi,

Just a quick question...

 

A friend of mine as been paying £50 a month on an alleged debt,

she as working out that the debt was paid of in full over 8 months ago but as still been paying,

so now they owe her £400 +.

she spoke to them and they asked for proof that it was paid off

she sent them a copy of her statements that prove this.

 

she heard nothing so phoned them and the say she has to resend them as they were not send to the right person (no way of nowing this) and that she did not use the reference number.

 

She did not have the reference number as they have never sent her any statements or had an contact with them since setting up the standing order.

Is there any letter templates that she can use to send them a letter demanding her money back.

 

She is not computer literate or much for fighting them, would rather pay them and get rid than fight.

 

i am trying to encourage her but she has bigger issues than this at moment and just wants her money back..

[BRIGADIER2JCS]

Who has she been paying??

Was this paid by direct debit??

[kiltedman]

Who has she been paying??

Was this paid by direct debit??

 

I don't know the name of the company but I do know she was paying by standing order. She has now canceled the standing order.

[dx100uk]

whoopss!! i smell a cash cow here..

 

dx

[BRIGADIER2JCS]

And a profitable one too.

The SO must have refence to

enable payments to be allocated,

she needs to get this from her bank

together with the company name.

Then raise a formal complaint with

the creditor/DCA this is one time the

cash cow can get back in clover (sorry)

Demand don't ask for a full statement of

the account,(mention reporting to OFT),

then the overpayment can be reclaimed

as if there is a situation where the creditor

has knowingly continued to take what tthey

are/were not entitled to deep do do.

[citizenB]

I guess that you could just slip in that if they dont repay her the overpayment immediately then your friend will be claiming interest at contractual rate on a daily basis.

 

Give them a date by which the money is to be returned say 7 days from the date of the letter. Then you can issue a claim against them

[citizenB]

Oh and send the letter either by recorded or special delivery to ensure you get a reciept for delivery

[dx100uk]

dont know if this helps too...

 

 

dx

 

We have been telling people to put a letter into their bank instructing them not to make any payments under any circumstances to these companie

http://whatconsumer.co.uk/visa-debit-chargeback/s - it works!

 

banks MUST follow written intructions from their customers !

This fsa guide has now been updated:

 

http://www.fsa.gov.uk/pubs/consumer_...ghts_guide.pdf

 

Here's the text:

 

Cancelling a regular

card payment:

 

When you give your credit or debit card

details to a company and authorise

them to take regular payments from

your account, such as for a gym

membership or magazine subscription,

it is known as a ‘recurring transaction’

or ‘continuous payment authority’.

These are often confused with direct

debits, but do not offer the same

guarantee if the amount or date of the

payment changes.

In most cases, regular payments can

be cancelled by telling the company

taking the payments. However, you

have the right to cancel them directly

with your bank or card issuer by telling

it that you have stopped permission for

the payments. Your bank or card issuer

must then stop them – it has no right to

insist that you agree this first with the

company taking the payments.

Be aware, though, that you will still be

responsible for paying any money that

you owe.

[BRIGADIER2JCS]

Thanks dx that's really useful.

[kiltedman]

Thanks guys for all the advice.

I will pass it on to her in the morning but i think at the moment she just wants to resend a letter with another copy of her statements and see what happens. I personally think she's wrong to do this but.... I think the company are AT IT. she sent the information they requested by recorded delivery and when she phoned to chase it up she was told that she had not sent it to the right person or used the reference number. But how can she send it to the right person if they didnt tell her who to send it to and if they don't give her any statements how is she supposed to know the reference number. yet when she spoke to them they knew who she was and had information that they could only have got from the original letter she sent.....

 

If she doesnt get a response this time would it be useful to send a CCa or Sar request and get a copy of all they have on her and some statements from them. or just send a threatening letter then go straight to the small claims court. she has all her statements proving how much she's paid. She lives in scotland so i don't know if the law about small claims is different here..

[kiltedman]

i will try and find out what company it is that shes dealing with.

[dx100uk]

quite honestly i'd by-pass any possible speculation if/if not owed

 

get her to look at her cra file [see below]

 

if the debt does not show - stop payments SAR the Original creditor

 

shes been cash cowed

 

dx

 

dx

[daverules]

http://www.consumeractiongroup.co.uk/forum/showthread.php?339140-overpaying-the-debt-company%282-Viewing%29-nbsp

 

Take a look at post 8

[dx100uk]

why have you linked to post 8 in this same thread?

 

dx

[daverules]

why have you linked to post 8 in this same thread?

 

dx

 

To be honest I don't know what happened there, thought I was in another window and was looking at this

in another thread.

 

And to think I done this with not a drink inside me, honest.