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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a contract with a firm called ReachLocal to place advertisements

Resolved Question:

I had a contract with a firm called ReachLocal to place advertisements for my business with Google AdWords. The basis of the contract was that the firm would spend around £1,000 per month, varying within a small bracket, and then add 10% to what they had spent on adverts to cover the cost of their services. This would then be billed by Direct Debit from my Bank Account.
It has since transpired that Slater & Gordon started a class action against ReachLocal. They had looked into their activities and found hard evidence that ReachLocal had never spent more than 50% and usually only 30% of the money that they have billed many customers for AdWords.
As soon as ReachLocal received notice of the Class Action they went into receivership.
When I heard this I made an application to my Bank under the Direct Debit Guarantee to refund the incorrectly billed payments that had been taken from my account.
So far the Bank say that this is not covered by the Direct Debit scheme. I believe they are wrong. Please advise.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
On what basis do you think they are wrong please?
Alex
Customer: replied 1 year ago.
The Direct Debit Guarantee states that:- If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building societyThe amount claimed was incorrect, therefor an error.
Expert:  Ash replied 1 year ago.
So you are talking the 20%? How much is that please?
Alex
Customer: replied 1 year ago.
The total amount taken by Direct Debit was around £20,000. The difference between what should have been taken and what was taken is at best £10,000 and worst around £13,000. I want them to correctly invoice me for what was correct due and to refund the difference at least. I think they should refund all of it until Reachlocal submit a correct and honestly arrived at Invoice.
Expert:  Ash replied 1 year ago.
Ok. Then yes I agree with you if it was taken incorrectly.
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
OK, thank you. The action should be against my bankers Lloyds?
Expert:  Ash replied 1 year ago.
Yes
Does that clarify?
Alex
Customer: replied 1 year ago.
Yes, thank you
Expert:  Ash replied 1 year ago.
Good luck!
Alex
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