AOL taking money for closed account

[andymad]

The wife had an AOL account which she closed, by phoning AOL, a little over two years ago. AOL kept debiting her credit card and she did not notice until September (oops!).

Total of about £400 has gone over 25 months

She then asked the bank to stop the payments but was told that she had to ask AOL to stop debiting the account - she closed the credit card account.

Because she phoned AOL to close the account she has no "proof" other than her word that she did so and the fact that the account has not been used since then.

Can she reclaim the money they have taken from her account from AOL or the credit card company.

Does it matter that she did not check her credit card statements carefully (or at all!).

We assume AOL will claim she never asked to cancel the account but if/when we sue them will they defend or will they pay up?

ANy thoughts appreciated

Thank you

[buzby]

It's a risk, and with AOL now being owned by Carphone Warehouse, they're DCA are known to be litigious. Recurring credit card payments are a problem, ONLY the merchant can stop debiting, end even if you close the account they can still debit from it. Even with the best will in the world, and you can prove the internet connection was never used - not querying over two years worth of debits might stretch the the incredulity of some judges who might feel there is a joint responsibility, so a total refund isn't assured UNLESS you can prove her cancellation instruvtions weren't carried out.

 

I think the best approach is writing to AOL, advising you have only just notice that debits on this account have continued and £400 is outstanding. Admit that this problem should have been flagged earlier, but it was on an account that was seldom used and the billing was missed. Ask them to verify that there has been no internet activity, and ask them to consider a refund for unused services to be credited back to the card. A polite approach might work wonders!

[andymad]

Thanks for that - sounds like a sensible approach and worth a try.

[blueskies]

The alternative if that doesn't work is to file a DPA SAR against AOL requesting details of internet access and details of all telephone communications.

[beau]

Best bet is to try + reclaim through AOL directly, however, your bank/credit card company may be able to reclaim some payments for you on a chargeback. the max is 6mnths tho, chargeback would be service not received, this will only be done if the access to AOL was in fact cancelled and you were not using service. If bank chargeback + AOL can show you have accessed the AOL account since cancelled the bank will lose the chargeback and will not be able to reclaim any funds.

 

Hope this helps.

[fatboy88]

The alternative if that doesn't work is to file a Data Protection Act S.A.R - (Subject Access Request) against AOL requesting details of internet access and details of all telephone communications.

 

Hi, you dont happen to have link for a standard letter for that data thing and do you need to pay the £1 like the freedom of information act one? I'm having trouble with barclays ackowledging my phone calls

 

many thanks

will

[djweeble]

Hi, you dont happen to have link for a standard letter for that data thing and do you need to pay the £1 like the freedom of information act one? I'm having trouble with barclays ackowledging my phone calls

 

Freedom of information act ?? Do you mean the CCA ??

 

And NO, the fee for an SAR is £10.

 

Links, both are in the library.

[fatboy88]

Freedom of information act ?? Do you mean the CCA ??

 

And NO, the fee for an S.A.R - (Subject Access Request) is £10.

 

Links, both are in the library.

 

Hi, i've found the subject access letter, can i just add this onto the letter 'details of all telephone communications' and i wait the 40 as if i'm waiting for the statements which i already have

 

many thanks

will

[JonCris]

Hi will

 

Yes you can add to the template to suit your circumstances. & the dealine for them to respond is 40 days