Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long ago did you order the trial packs?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
If you give out your card details that effectively gives the other side authorisation to use it to make recurrent payments. This is dangerous because it basically allows them to charge your card whenever they believe money is owed and they do not need your permission to do so. Your initial consent is sufficient.
Whilst 99% of companies will never abuse this and will only take money that is genuinely due, a small proportion use this loophole in a fraudulent manner. They often complicate matters even more by not providing any contact details which makes it very difficult to contact them to try and cancel the payments.
However, you are able to stop such continuous payments by contacting your bank, advising them you are withdrawing your authority and making a formal request for them to terminate these payments. This should hopefully resolve the ongoing issue of the payments being taken.
In relation to payments already taken, the bank may be able to issue a chargeback notice and try to claw this money back, but if that is not possible then you are only left with the option of taking legal action against the company that took the payments.
This is your basic legal position. I have more detailed advice for you in terms of the exact steps you must now take if you wanted to pursue them to get your money back, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand
4. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hello, unfortunately scams like this do occur and often it is difficult, if not impossible to get your money back. I just do not wish to give you false hope even if I wanted to have better news. You are free to come back to me without paying anything extra on here, as long as it is a brief follow up question on this subject. Thanks