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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there Can you tell me if I have any grounds for refusal

Resolved Question:

Hi there
Can you tell me if I have any grounds for refusal of the admin fee. I had root canal treatment last friday (07/11). After they told me I couldn't add the cost to my existing loan, an alternative method of payment was suggested, direct debit. I negotiated on the monthly payments of £111 spread over 4 months, based on an initial payment made of £200, which was agreed. Total cost of treatment £645. The lady took payment and I signed a direct debit form instructing my bank for this to commence on 3rd Dec. Afterwards she mentioned that there would be a £50 admin fee to set this direct debit up, which was not factored in the repayments. The lady has sent me an email, with a link for me to click, which I assume will acknowledge this agreement, I've yet to do so as I wanted legal perspective of where I stand on the £50 admin fee.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

for now please let me know whether you were advised of the admin fee before the payment plan was agreed?

Customer:

Hi Alex

Alex Watts :

Hi

Customer:

I was advised of the admin fee after the plan was agreed

Customer:

I distinctly remembered her saying that you can call us directly to make this one-off payment in the new year

Alex Watts :

Ok - in that case they can not charge it

Alex Watts :

If the plan was agreed, that is a repayment contract

Customer:

This fee was not part of the direct debit I signed for

Alex Watts :

They therefore can not change the terms of that repayment contract

Alex Watts :

They would be in breach of contract

Alex Watts :

Therefore you can refuse to pay it as it would be breach of contract

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

She emailed her manager with what occured, meaning that the agreement already took place. Her manager saw that the admin fee was not factored in and prompted her to tell me about it. Even though it seems to be a policy of theirs, I'm still have the grounds to refuse payment of the admin fee?

Alex Watts :

It makes no difference

Alex Watts :

Breach of contract

Alex Watts :

Does that help?

Customer:

Yes, thank you Alex. If they should be difficult about this, what should I do?

Alex Watts :

Refuse to pay - ask them to take you to Court.

Alex Watts :

But you should make sure you send a cheque every month if they refuse to set up the DD in the meantime

Customer:

Yes will do, many thanks for your assistance. You've given me piece of mind, money well spent!

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