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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
Did they say why the service was outside the plan and have they provided a breakdown of the charge?
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Thank you. The key here is whether under the terms of the service plan such a service would have been included. Also why they believe that it was not included in the plan? It should be down to the terms of the plan, have you checked that?
Ok thank you. In the circumstances you can challenge them that they are trying to rely on terms which you were never made aware of. Under consumer laws any terms a business relies on have to be fait and reasonable and they have to be clear to you too. So if they provided no information at all on things like the limited number of services you get and then tried to enforce such limits on you, you could potentially challenge them as relying on an unfair contractual term.
At first, you should try and resolve this directly with their complaints department and pursue it as far as you can internally. In the event they decide against you, then you can simply refuse to pay (or offer a reduced amount). The ball is then in their court and they can decide whether to take it further or not. The only way for them to try and make you pay is by going to the Small Claims Court and winning their claim. They may never go that far though so if it is a risk you are willing to take, it could pay off. Even if they claim and win, you won’t have to pay much more than what they are claiming already, as they will be responsible for their own legal fees.
Does this answer your query?
I wouldn’t say this has any major impact on the legal position or the original answer to be honest