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.
So, ignoring the reason behind it, do you accept that there was a duplicaterefund but you are only entitled to one refund?
I do not accept there was a duplicate refund. I have no record of one.
Let's try and get the facts straight please.
They are saying that they made a duplicate refund and that you are onlyentitled 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 wantback?
You have no record of having duplicate?
Do you have a record of the refund itself?
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.
I am going to opt out for another expert
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?
I can answer those specific questions.
The time period is immaterial. If you have indeed been re-funded twice, andit is not your money, you have been unjustly enriched and you are under anobligation to pay the money back.
There is no legal grounds to challenge "mistake", if they made a mistake byrefunding you twice.
I'm not certain on what basis you would want to defend the demand becauseany claim that you have under the Act is completely separate from any issuewith regard to duplicate refund
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?