Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
So to confirm, they have been debiting your account for almost 2.5 years?
Also, are they able to prove that either you or Rosie attended the free taster course?
OK, thank you for your response. I understand this must be very frustrating. I will go ahead and review the relevant information and laws and will get back to you as soon as I can. Please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.
Hi, in the first instance you may wish to consider trying the Direct Debit Guarantee which covers erroneous payments taken by DD. You need to contact you bank for this and they will be responsible for resolving this even if it was not their fault. More details here:
If that does not help you can consider the small claims court. 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:
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.
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.
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 hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
1. Should I try the bank first and then wait and see what happens before moving onto the other steps you mention or something else?
You may as well – you are not in a rush to start the legal procedure so you can try that route first before you go more legally heavy on them
2. Letter? Will email not be sufficient given that I am in communication with the guy on email?
By letter, I mean in writing. So email will suffice
3. Can you take a look at the email conversation below from today below in speech marks because I have given 7 days already and it seems he has already spoken with a solicitor.
He may have spoken to a solicitor, then again he may just be saying that. Also the solicitor may just be advising on the assumption that your details were submitted to them by you, which is not the case. So do not worry about that too much
you are welcome, all the best