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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44867
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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The Financial Times TOOK £572 from my account in the Halifax.I

Customer Question

The Financial Times TOOK £572 from my account in the Halifax.I contacted them by phone ,and they said because of the circumstances etc they would refund the money-If i returned the voucher booklet.This I did and sent the vouchers to FT Subscriptions,Po Box 3129,The Quorum,Bond Street South,Bristol,BS19GJ...Tel:0800(###) ###-####The first voucher was on 22.8.15.They say that a trial period -25/07/15 until 21/08/15.Where upon a Payment schedule-04/08/15.....£1.Full Contract:22/08/15..to..19/08/15.Payment Schedule..04/0915..-£572.00. This I find extremely Offensive to extract such a Large sum from my account-where it has left me virtually Penniless; but as I explained my Mother passed away on 12.07.15 and was buried on 27.07.15.It has been a very difficult time for me,As I was her Carer for 5 years,;and what with the arrangements etc -+ work /financial constrictions ie Probate Solicitor.....It slipped my mind.They subsequently declared that they wouldnt re-emberse the money as Some of the vouchers had been used.The first voucher was from 22/08/15.-so Id say it was impossible NOT to use any vouchers .Thank You,Yours Sincerely... Graeme Fletcher.9 Nelson Street,Crewe,Cheshire,CW27LN...01270 661190...Mob..-07958 224 874.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Whilst I sympathise with your circumstances the key really is whether you had adhered to the terms and conditions issued to you when you took out this trial. This is a simple contractual matter and if you had failed to follow these terms and did not cancel in time or ended up using some of the vouchers then you would be bound by the payment terms that would follow. The fact that it slipped your mind because of the unfortunate events you were facing does not provide an excuse in law and you are then really going to be relying on their good nature to see if they would allow a refund to be issued. They do not have to – they can stick to the payment terms which you were both bound by so if you are not due a refund because you had used the vouchers then they do not have to issue one. This really becomes a moral issue rather than a legal one but unfortunately morals do not have a legal leg to stand on so it is in their hands really. You could still try and exert some pressure on them though to try and get some money back. 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: {C}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.{C}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.{C}3. 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. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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