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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife died 5 years ago she had a mobile telephone account

Customer Question

My wife died 5 years ago she had a mobile telephone account wit T Mobile the monthly bills were taken from my have bank account. When she died I cancelled all debits etc that were in her name with the individual companies. A few weeks ago I checked my bank statement and realised that they have been taking the payment for £13.54 for the last five years since she died. I contacted them and they say that because I have no proof that I contacted them and cancelled the contract when she died that they will now close the account on production of a death certificate but they will not reimburse me for 5 years payments of £13.54 a month. What can I do
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how you contacted them, was it by letter or phone?

Alex Watts :

Did they ever confirm in writing that it was cancelled?

JACUSTOMER-lj34m9u1- :

I contacted them five years ago by telephone. They never confirmed it was cancelled at the time

JACUSTOMER-lj34m9u1- :

I

I contacted them five years ago by telephone. They never confirmed it was cancelled at the time


Alex Watts : Ok, is it your account they have been taking it from?
JACUSTOMER-lj34m9u1- :

Yes

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.



Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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