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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15493
Experience:  Senior Associate Solicitor
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I have been asked to provide paperwork for a payment made 16

Customer Question

Hi, I have been asked to provide paperwork for a payment made 16 months ago as the company are stating they can not find the payment. Am I obliged to do this? many thanks
JA: Where are you? It matters because laws vary by location.
Customer: I am in the uk
JA: What steps have you taken so far?
Customer: I have accessed statements, however, I am unsure how I paid this, it must have been over the phone as my current accounts do not show the transaction. I believe it must have been by a credit card
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: However I am having trouble accessing a previous account which is no longer live, therefore can not access statements
Submitted: 19 days ago.
Category: Law
Expert:  JimLawyer replied 19 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Customer: replied 19 days ago.
thank you
Expert:  JimLawyer replied 19 days ago.

They should have a record of the transaction if you did pay. If you paid by credit card then your statement will obviously show the charge - it's not really your fault or your concern that the company is having trouble finding the proof or the paperwork. You could ask your card provider for a transaction number and give that to the merchant - they should be able to trace the payment from that number. The alternative is to obtain the credit card statement and show the company the proof - whilst you are not obliged to do this (to answer your question) it would help speed matters up. Though your card statement is a private and confidential document - you could redact any other details on the statement apart from the transaction to prove payment and send them that, if you are concerned about your data being compromised, etc.
You should be able to download an online statement from your credit card provider if you use online banking. Or the paper statement would also be fine.

Expert:  JimLawyer replied 19 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 19 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 19 days ago.
Thank you Jim, If I am unable to access statements as it was over 16 months ago, and I have had credit cards at that time that are now closed, am I at risk of having to pay this again if I cannot find proof of the payment?
Expert:  JimLawyer replied 19 days ago.

I would say you would not have to pay again - the fact your card service is now closed wouldn't mean you cannot access the statements - the provider will keep 6 years' worth of statements for you (they need to in case of any court proceedings.
The other way to deal with this is to make a Subject Access Request (SAR) to the company - they have to provide you with the data they hold on your behalf, within 30 days.
If they do not, they would be in trouble with the Information Commissioner's Office - who could fine them.

Here is a useful link for how to make an SAR request:

https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/

Expert:  JimLawyer replied 19 days ago.

So my view is you make an SAR request to the company you paid, and also ask your card provider for a copy of a statement for the month and year you made the payment.

Customer: replied 19 days ago.
ok, thank you, ***** ***** I am having is that the call center is overseas and the quality of the call is very poor and I have been disconnected 2 times now. The invoice i have from the company does show the payment, which was a deposit, which had been deducted from the total balance, is this enough to provide legal documentation that the payment was made? thank you for your help
Expert:  JimLawyer replied 19 days ago.

I see, thanks - yes, that would be fine from an evidential point of view that the payment was made. In a civil law case you only need evidence to show it was 'likely" made, not "definitely" given the lower burden of proof. So that would seem fine to me.

Customer: replied 19 days ago.
Thank you very much, I am very grateful
Expert:  JimLawyer replied 19 days ago.

My pleasure, thanks and have a good day.
Jim