what action i can take to get refunded

[han7681]

I am currently facing an issue with one of our suppliers who incorrectly charged us around £3000, and despite acknowledging the error, they opted to credit our account instead of providing a refund, which we explicitly declined.

It has been more than six months, and there has been no progress. As a result, our bank is persistently pursuing the payment.

Considering the lack of response from the supplier and the ongoing inconvenience, I am seeking advice on potential actions I can take to secure a refund.

any advice welcomes

 

[Newchodge]

Write a letter before action then sue them. I don't understand your reference to the bank?

 

[StevensOnln1]

If the money was paid by card or direct debit then can't you just dispute the transaction with the bank or card issuer?

 

[han7681]

If the money was paid by card or direct debit then can't you just dispute the transaction with the bank or card issuer?

wired thing is we cancelled the direct debit before they took, but they could set again without our authorization , so we have dispute with the bank as well,.

 

[StevensOnln1]

In that case it should be a straightforward refund from the bank under the direct debit guarantee.

 

[han7681]

In that case it should be a straightforward refund from the bank under the direct debit guarantee.

thanks for reply, the bank refused to refund.

 

[StevensOnln1]

Make a complaint against your bank. The direct debit guarantee literally guarantees that payments taken without consent will be refunded.

 

[Gyumri]

Write a letter before action then sue them.

Newchodge is right - write a letter setting out your position regarding their acknowledged error and clarify why they owe you £3,000 plus the DD that shouldn't have gone through.

If there is no dispute that they've got your money for no good reason then a claim is the quickest way of getting back your money - but you should stipulate that you expect a reply within 7 days setting out their position if there is any dispute over your entitlement.

Ask whether they accept the debt but if not, why not?

Forget the bank for the time being and focus on getting the money back from your supplier.

You should of course log in to your account and cancel the DD before the next one gets paid.

 

[Newchodge]

you expect a reply within 7 days setting out their position if there is any dispute over your entitlement.

OP Have a look online about a letter before action. I think you may have to give them 14 days.

 

[Gyumri]

OP Have a look online about a letter before action. I think you may have to give them 14 days.

It's actually 30 days but for small sums I would jump start negotiations by saying 7 days.

The debtor can always write back to say more time is needed to respond.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

 

[Newchodge]

It's actually 30 days but for small sums I would jump start negotiations by saying 7 days.

The debtor can always write back to say more time is needed to respond.

https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf

The letter before action is a statutory requirement. If it is not right the substantive claim may be struck out.

 

[Gyumri]

It's what is reasonable in the circumstances - some say give 28 days!

Letter before making a small claims court claim - Which?

Taking a company to the small claims court to get your money back? If so, you must send them a letter before you claim - this template will help you.

www.which.co.uk

 

[Newchodge]

It's what is reasonable in the circumstances - some say give 28 days!

Letter before making a small claims court claim - Which?

Taking a company to the small claims court to get your money back? If so, you must send them a letter before you claim - this template will help you.

www.which.co.uk

PRACTICE DIRECTION – PRE-ACTION CONDUCT AND PROTOCOLS - Civil Procedure Rules

the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one.

7 days is unacceptable

 

[Paul Kelly ICHYB]

1 - Write a letter formally asking for payment within x days other wise you will take steps to recover the money.
2 - If this fails, LBA to the supplier - Do not do this if you do not intend to take the the next steps.
3 - The Small Claims - I know some people that have just filled the forms out online, taken a print and forwarded this to the debtor giving '24 hours for one last chance for payment by return'
4 - press the small claims button

 

[Gyumri]

It has been more than six months, and there has been no progress.

7 days is unacceptable

Not when the OP has been at it for six months already.

The best tactic is to give 7 days to stress the urgency and then if no response and one is feeling generous then give another 7 days.

7+7 = 14

@Paul Kelly also suggested a neat ploy to trigger a payment.

 

[Newchodge]

Not when the OP has been at it for six months already.

The best tactic is to give 7 days to stress the uregency and then if no response and one is feeling generous then give another 7 days.

7+7 = 14

2 letters. Have you seen the price of stamps?

 

[pentel]

Where is the supplier based? This can make a huge difference to the route taken.

 

[Gyumri]

2 letters. Have you seen the price of stamps?

Not recently - but as far as I remember you do not need to put a stamp on an email. The OP is free to try of course to see if it is delivered any faster.