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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
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    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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Should I repay the excess refund?


bohemian23
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I bought a few items from an online shop, kept a couple and returned the others.

Eventually I was refunded in full.

 

Didn’t notice that until a few days later they emailed to say they refunded in error.

 

They have included their bank details and demand I pay the excess back within 30 days.

 

I know I should but do I have to?

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cant have money refunded for items you still own....

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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you didn't return all the items they have refunded you upon...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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15 minutes ago, bohemian23 said:

So you are advising to pay them back? I don’t understand why I’m getting questioned. I asked for advice please. I already said what happened...

 

Yet, you have had the advice : return the amount you were not owed.

 

It may not be the advice you hoped you’d get but both legally and morally : return what was not due to you (so the cost of the items you haven’t returned!)

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Although the end answer may not be any different, it would help if you would be more specific.

Please tell us the name of the shop
what items you bought
what items you returned
what is the value of the alleged overpayment to you and to which returned items does this apply?

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20 minutes ago, bohemian23 said:

 I understand the morality but not the legal side of this. 

 

The legal side is that if you don’t repay it they can take you to the county court where they are almost certain to win (barring the ‘judicial lottery’), given the law on such an overpayment is clear.

 

Then you’ll be on the hook for their legal costs too (albeit limited costs if in the small claims track), and if you don’t pay up in time will have a CCJ registered against you.

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13 minutes ago, bohemian23 said:

Ooft, how are they proving they refunded something I didn’t actually return?

 

Well, it appears you may be considering being fundamentally dishonest.

They serve a court claim. You admit they are correct, deny it or remain silent.

 

They’ll win unless you deny it.

If you deny it then the court decides who is correct (applying a ‘balance of probabilities’ test).

 

If you want to risk it, (and the additional costs), go for it. I’m not suggesting you do, but you seem wedded to it. If the court finds you fundamentally dishonest they don’t have to apply the usual “small claims limit on costs”, and you could be on the hook for all the retailer’s costs in taking you to court.

Edited by BazzaS
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16 minutes ago, bohemian23 said:

Ooft, how are they proving they refunded something I didn’t actually return?

 

sorry but do I understand that they mistakenly refunded you for an item which you haven't returned and you are now telling us that they are unable to prove it?

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This has never happened to me or anyone I know before. I wondered if it is a known [problem] of sorts, although I doubt it is given it’s a reputable company, where they ask for a money transfer AND debit your account for the amount on top. I didn’t know they can’t just take the payment back. 

 

Anyway, thanks for the advice. I am paying them now! 

Edited by bohemian23
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Why not ring them directly and check

Then you can pay over the phone if its true?

 

Yes there are known scams of this sort by email

But if you know you do owe this sum as youve items theyve mistakenly refunded you for ..it cant be one can it

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am locking this thread.

I think that we have given a clear answer here and also I should point out that we would never get involved in giving advice on how to avoid returning a refund that had been made in these circumstances

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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