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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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I have held private health insurance with one company since

Customer Question

I have held private health insurance with one company since 2000. In 2010 I changed cover from UK to international which involved quarterly payments of £485. I moved back to UK cover in June 2011 and have been paying up to £93 a month ever since. I have never missed a payment. Out of the blue I received a letter from them with the International cover reference number informing me I owe them £280.45. They say they raised a refund for the cancellation of this policy in June 2011, and there was a duplicate refund on the same day - as a result £280.45 is outstanding on this policy. Apart from being horrified that I should owe anyone money I am amazed I did not know or haven't had any knowledge of this until 22 months later (i.e. March 2013). Do I have to pay this? What legal objections can I have? Thanks for any advice. Lee (LLB Student)
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Did you cancel within the terms of the policy?
Customer: replied 3 years ago.

There were no legal restrictions to cancel the policy in June 2011. I transferred this to UK cover as they told me it was okay to do so. There were no outstanding or cancellation charges.

Expert:  Stuart J replied 3 years ago.




So, ignoring the reason behind it, do you accept that there was a duplicate
refund but you are only entitled to one refund?



Customer: replied 3 years ago.

I do not accept there was a duplicate refund. I have no record of one.

Expert:  Stuart J replied 3 years ago.




Let's try and get the facts straight please.

They are saying that they made a duplicate refund and that you are only
entitled to one refund?



The refund is in respect of a cancelled policy?



The amount of the duplicate refund is £280.45 p and that is what they want
back?



You have no record of having duplicate?



Do you have a record of the refund itself?



Customer: replied 3 years ago.

What I am saying is (and have just checked all facts):


 


I transferred from International to UK in May 2011 and continued to pay subscription. I have no record of not paying a fee, refund or problem. I have tried to look back over statements but having problems identifying any gaps in any statement. All I have now is:


 


An invoice dated 19/3/2013 - for £280.45. They say:


26/01/2011 - 25/04/2011 £485.39 paid


26/4/2011 - 25/07/2011 £485.39 paid (this came out in May)


04/04/2011 - 25/07/2011 - less £285.45 leaving 280.45 to pay. The dates don't add up.


 


I changed to Bupa UK in June - paying £74.70 on the 7th June and then £82.85 a month - as part of £820.35 for the entire year.


 


I emailed Bupa on the 27th May to confirm my new UK account will be actioned on the 4th June and to reimburse any costs taken on the 5th May for the full quarter of the International cover.


 


I received an email on the 27th May 2011 to say they will action this.


 


I received another email on the 8th June 2011 to say they'd had some system error problem but would pay me back the difference in 5 working days. I received this - £280.45


 


I did not receive any other money.


 


 


 

Expert:  Stuart J replied 3 years ago.

I am going to opt out for another expert

Customer: replied 3 years ago.

Thanks. I shall wait to hear from another expert.


 


I suppose my main questions are:


 


Am I legally obliged to pay back (if it were true) after 21 months? Surely there must be a time limit? (although I cannot find any evidence that I do owe any money).


 


If there is a legal requirement, are there any grounds on which I can challenge?


 


Is there anything under the Supplies and Services of Goods act which could assist me defend this demand? They stopped providing services in May and offered a replacement policy in the UK. They did not inform me of any defict and did not provide any International services?


 


 


 


 


 


 


 

Expert:  Stuart J replied 3 years ago.




I can answer those specific questions.

The time period is immaterial. If you have indeed been re-funded twice, and
it is not your money, you have been unjustly enriched and you are under an
obligation to pay the money back.



There is no legal grounds to challenge "mistake", if they made a mistake by
refunding you twice.



I'm not certain on what basis you would want to defend the demand because
any claim that you have under the Act is completely separate from any issue
with regard to duplicate refund



Customer: replied 3 years ago.

Thanks - I didn't get refunded twice. They gave me a refund as set out in an email and now their credit control want that money back. There is a cross over between two accounts and I was not enriched in any way. I am trying to resolve issue but because its so far back, they don't have the same people working, they have the email but can't speak to the person as they've left.


 


Any other suggestions or can another expert help?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

What evidence have they provided to of the alleged double.

Through their accounting systems and ledgers and by reference to their terms and conditions can they definitively prove that there was a "double" refund?

Kind regards

AJ

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