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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47378
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a problem with a company, PSL dining and leisure.

Customer Question

Hi,
I have a problem with a company, PSL dining and leisure.
Last year they cold called me with a 30 day offer for petrol vouchers and dining vouchers on the understanding that I could cancel before the 30 days expired, unfortunately life got in the way and I cancelled late (2days late). But I sent all the vouchers and membership card back to them.
This year on the 22nd June 2016 they took £78.22 from my bank account even though I had cancelled. I rang them on 23rd June to complain and they admitted that they had made a mistake and would refund within 7 working days. On the 1st July I rang them again because the money was not back in my account, to be told that it would go in over the weekend, needless to say no money arrived by 4th July, so again I rang them to be told it was going to be refunded that day. On the 5th July still no money so again rang them and asked to speak to a manager, none was available to come to the phone, when I asked why the money was not returned a representative of the company called Rachel gave me a "tracking number :###-##-#### ***** my money. I then rang my bank and they said no money was due to be paid in that day and the "tracking number did not mean anything to them". So straight back on the phone to find out what is going on again to be told by Rachel that it would be back with me within 24 to 48 hrs. Have just checked account and surprise no money.
What is my legal situation regarding getting my money back please.
from
Laura Pannell
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. So to clarify all you are expecting back from them is the £78.22?

Customer: replied 1 year ago.
that is all i want
Expert:  Ben Jones replied 1 year ago.

Do you have an address for them?

Customer: replied 1 year ago.
its *****Cardiff
CF14 4NR
they are owned by a company called Pinchclip promotions ltd
Customer: replied 1 year ago.
oh that was the registered address there is another address for them it is
Dining and Leisure club servicing
Unit G4
Capital Point
Capital Business Park
CF3 2PY
Expert:  Ben Jones replied 1 year ago.

Ok that’s good because to take this further you will likely need their address in the future. In the circumstances you may consider pursuing them for the money owed through the small claims court. This is a relatively low risk option and something which is not too expensive (it will cost you a total of £50 to make the claim and go to a hearing) and if you are successful you can claim that money back from them.

Of course legal action should only be used as a last resort so I suggest you approach them for mall and follow the pre-claims procedure to give them a final chance to pay you and then if you have not resolved this, you can proceed to a formal claim. You have 6 years to claim so there is certainly no rush in taking further action.

This is your basic legal position. I have more detailed advice for you in terms of the specific steps you must follow to take this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Ben.
I feel that I have given them ample chances to make good their mistake but to no avail so could you please detail how I make a claim through the small claims court
laura
Expert:  Ben Jones replied 1 year ago.

Thank you. 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.

Customer: replied 1 year ago.
Okay I will follow your advice and I will be starting court proceedings as I feel they have enough time to reimburse me but I will be sending them a letter to inform them that this is the only option I have to get my money back can I also claim for any money I have had to pay out because of bounced DD and other bills that I have been unable to pay because of moving money to cover the loss of money
Expert:  Ben Jones replied 1 year ago.

I am afraid you are unlikely to be able to claim for these ancillary costs, only the money they owe you

Customer: replied 1 year ago.
Thank you for your help the company have paid the money back in just now
Expert:  Ben Jones replied 1 year ago.

Ah that's good to know, I wasn't expecting such a quick resolution but glad it has been sorted. All the best