Discussion
If I pay someone by mistake and then they refuse to refund the money, what course of action can I take to get my money back.
The specific example is that I paid the congestion charge. I then looked at the route on the nav system and found that the car didn't go into the zone. So I've asked for my tenner back (paid after 10pm).
They say they don't give refunds because they are non-profit making.
Taking my money for something I haven't had and refusing to refund it must be illegal.
Simon
The specific example is that I paid the congestion charge. I then looked at the route on the nav system and found that the car didn't go into the zone. So I've asked for my tenner back (paid after 10pm).
They say they don't give refunds because they are non-profit making.
Taking my money for something I haven't had and refusing to refund it must be illegal.
Simon
Its a criminal offence under the Sect 24A Theft Act 1968 Retaining a wrongful credit. It carries 10 years imprisonment on indictment!
Ask the person to refund your money forthwith. If you do it in writing, send it recorded delivery and keep a copy and the'rec del' receipt as evidence. If there is no response within a reasonable time i.e. a week, then inform your local police and the person receiving the credit will be arrested and interviewed about why they decided to keep your money.
This is not a problem that you cannot deal with and fairly quickly if you want too!
Somehow though, I doubt if 'Red Ken' will have his collar felt over this but you could try the threat of the wrongful credit offence and see what happens!
>> Edited by gone on Thursday 3rd February 14:30
Ask the person to refund your money forthwith. If you do it in writing, send it recorded delivery and keep a copy and the'rec del' receipt as evidence. If there is no response within a reasonable time i.e. a week, then inform your local police and the person receiving the credit will be arrested and interviewed about why they decided to keep your money.
This is not a problem that you cannot deal with and fairly quickly if you want too!
Somehow though, I doubt if 'Red Ken' will have his collar felt over this but you could try the threat of the wrongful credit offence and see what happens!
>> Edited by gone on Thursday 3rd February 14:30
simonrockman said:
If I pay someone by mistake and then they refuse to refund the money, what course of action can I take to get my money back.
The specific example is that I paid the congestion charge. I then looked at the route on the nav system and found that the car didn't go into the zone. So I've asked for my tenner back (paid after 10pm).
They say they don't give refunds because they are non-profit making.
Taking my money for something I haven't had and refusing to refund it must be illegal.
The criminal sanction mentioned by gone won't automatically get your money back (although may give you some satisfaction).
It's a good stick to wave though. In addition, you could try to institute a civil claim through the small claims procedure (you can start that on-line now). I'm not clear of the exact cause of action. I don't see how contract law law applies so I imagine it may have to be a claim in tort. In essence, you have paid them money by mistake so, as a matter of common law, they're not entitled to withhold repayment. Possibly the threat of action (civil and/or criminal) may be enough to secure the result.
I had *exactly* the same experience with the congestion charge except for I wasn't sure if I crossed the boundary before 6:30pm (it was at about that time - a couple of mins either way and my clock could be out by that much).
I asked them to confirm if I needed to pay and they said they couldn't tell me because there was a week time delat before they processed the numbers that needed to be paid.
I then asked if they could inform me once they had processed it, but they said that would count as a non-payment and I would be fine.
I then asked could I pay it now and be refunded if it turned out I hadn't needed to pay. They replied that a refund would incur an administration charge greater than the £10. In this way I believe they get round any obligation to give you your money back as they are probably (just an educated guess) entitled to subtract a 'reasonable' admin charge.
So, Joe Public ends up paying even if he doesn't need to - nice.
roadie
I asked them to confirm if I needed to pay and they said they couldn't tell me because there was a week time delat before they processed the numbers that needed to be paid.
I then asked if they could inform me once they had processed it, but they said that would count as a non-payment and I would be fine.
I then asked could I pay it now and be refunded if it turned out I hadn't needed to pay. They replied that a refund would incur an administration charge greater than the £10. In this way I believe they get round any obligation to give you your money back as they are probably (just an educated guess) entitled to subtract a 'reasonable' admin charge.
So, Joe Public ends up paying even if he doesn't need to - nice.
roadie
I think you will find somewhere in the small print that for a single unused payment refunds are not made, but are for monthly tickets and longer. Then they lop on an administrative fee of a tenner.
So laterally you want your fiver back send them a tenner?
All monies raised go towards running London Transport.
From Joe in Islington thanks for your donation.
DVD
So laterally you want your fiver back send them a tenner?
All monies raised go towards running London Transport.
From Joe in Islington thanks for your donation.
DVD
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff