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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59762
Experience:  Qualified Solicitor
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I am owed a refund for being overcharged for a service. The

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I am owed a refund for being overcharged for a service.
The service provider has agreed about the refund and keeps saying that he has refunded my credit card but 2 months later I still haven't received any money.
My Daughter contacted him 2days ago and he's now saying that he's been ill/unable to work so not able to refund what he owes me.
Clearly he has lied/has no intention of paying.
Other than the small claims court is there anything I can do?
Any help would be most welcome - I am 85yrs old and the worry is making me feel ill!
I trusted this man but I feel that he's taken advantage because I am elderly.
Please could you help me.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How much are you owed?

Customer: replied 3 months ago.
Thanks Ben
Customer: replied 3 months ago.
163;150
Customer: replied 3 months ago.
I'm not good on the phone so would rather message

No worries, have you taken it up with the credit card company?

Customer: replied 3 months ago.
No just with nationwide

Thank you. Apart from contacting your credit card company to see if they can recover any of the money from them, the only other option would be the Small Claims Court, unfortunately.

If a party wishes to pursue another for a debt arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 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 pursue them for the debt in question. 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 a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.

Does this answer your query?

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Customer: replied 3 months ago.
Thanks for your help

All the best