Owed money - by County Council
Owed money - by County Council
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pubrunner

Original Poster:

517 posts

112 months

Tuesday 17th November 2020
quotequote all
Hi All,

I'd appreciate any advice on the following issue; I'm not optimistic of recovering my money, but perhaps someone on here might suggest an effective course of action.

In November 2019, I paid £227 for my son to go on a school trip, intended to take place in February 2020.

The trip did not go ahead as was planned. Over the course of many months, I have contacted the school and asked for a refund - unfortunately, the school was closed because of Covid and I didn't get a reply from them until the end of September.

I was told that the refunds to parents had already been made - I asked the school to provide evidence of when and how (and into which account) my refund had been made - they couldn't provide this information.

Eventually, the school acknowledged that I hadn't had a refund. They asked for my banking details (Account number and sort code) and said that they would forward the details to the local authority (Powys County Council) who would issue a refund.

After a few more weeks, I sent an email to Powys County Council and I asked when I might receive the refund - I included a copy of my receipt for payment which is dated November 2019. They said that they would 'look into it'.

I've sent a few more emails, but had no further response from Powys County Council. The school isn't interested, as they've done their bit by passing on the relevant information to the local authority.

What I can't understand, is how (& why) a refund hasn't been issued to me. Surely, there should be a reconciliation, to the effect that the £227.00 payment was received and that the same amount went out in the form of a refund. Where did 'my' £227.00 go ? - it should have shown as a 'surplus' amount.

If a party simply doesn't respond, what course of action can/should be taken ?

Had this been for just £20-30, I'd have just written it off; I feel that it is worth trying to get back £227 - though I realise it is looking unlikely.

Any guidance would be much appreciated.



Edited by pubrunner on Tuesday 17th November 10:02

kowalski655

15,216 posts

172 months

Tuesday 17th November 2020
quotequote all
Letter before action giving them 7 days to pay (maybe copy to the Chief executive too) and then small claims.
Councils aren't special and immune from being sued.
Try your local councillor first if you feel generous- that's what they are there for

BertBert

21,256 posts

240 months

Tuesday 17th November 2020
quotequote all
Have you picked up the phone to them? I have sorted a couple of financial issues with Surrey County Council over the phone much to my surprise!

GreatGranny

9,519 posts

255 months

Tuesday 17th November 2020
quotequote all
Have you actually spoken to the Council rather that emailing?

I always find with local authorities they respond better in person.

Also why isn't the school refunding the money direct?

They took the initial payment and made the refunds so they should have the funds or was it deposited into a council account?

pubrunner

Original Poster:

517 posts

112 months

Tuesday 17th November 2020
quotequote all
BertBert said:
Have you picked up the phone to them? I have sorted a couple of financial issues with Surrey County Council over the phone much to my surprise!
I have phoned, but the person responsible is always 'in a meeting', or 'not available at the moment' and 'we've no record of your previous call'.

The reason why I use emails, is that there's 'evidence' in the form of the email sent.

pubrunner

Original Poster:

517 posts

112 months

Tuesday 17th November 2020
quotequote all
GreatGranny said:
Have you actually spoken to the Council rather that emailing?

I always find with local authorities they respond better in person.

Also why isn't the school refunding the money direct?

They took the initial payment and made the refunds so they should have the funds or was it deposited into a council account?
The funds went straight into the council account and they issued the receipt.

mgv8

1,657 posts

300 months

Tuesday 17th November 2020
quotequote all
Who did you pay in the first place?
What have the school said about this, and are they willing to help?

Byker28i

91,544 posts

246 months

Tuesday 17th November 2020
quotequote all
If it's anything like Pembrokeshire, then a lot of the council staff were working from home, hence why they were uncontactable. If you were lucky they took a message and then called you back. I spent 4 months chasing, then contacted the local councillors and MP before I got an answer from a senior team member.

Riley Blue

23,205 posts

255 months

Tuesday 17th November 2020
quotequote all
Email your local councillor, the portfolio holder for education, the leader of the council, the chief finance officer including all emails to date. Copy to the school and the chair of the school governors.

As has been mentioned, officers are likely to be WFH so emails are currently a better bet than phone calls - I too have had recent dealing with a CC.

vaud

59,403 posts

184 months

Tuesday 17th November 2020
quotequote all
Riley Blue said:
Email your local councillor, the portfolio holder for education, the leader of the council, the chief finance officer including all emails to date. Copy to the school and the chair of the school governors.

As has been mentioned, officers are likely to be WFH so emails are currently a better bet than phone calls - I too have had recent dealing with a CC.
kowalski655 said:
Letter before action giving them 7 days to pay (maybe copy to the Chief executive too) and then small claims.
Councils aren't special and immune from being sued.
Try your local councillor first if you feel generous- that's what they are there for
These two ^^^^

Start with councillor
Then letter before action with copies to councillor and school/governors

Who did you actually pay? If the school then not sure they can pass the buck?

pubrunner

Original Poster:

517 posts

112 months

Tuesday 17th November 2020
quotequote all
vaud said:
Who did you actually pay? If the school then not sure they can pass the buck?
I telephoned the school to make payment, but the money didn't go into their account - as I understand it, they make payment directly to Powys CC.

vaud

59,403 posts

184 months

Tuesday 17th November 2020
quotequote all
pubrunner said:
I telephoned the school to make payment, but the money didn't go into their account - as I understand it, they make payment directly to Powys CC.
Ah then the rest of my advice stands.

IANAL.

GreatGranny

9,519 posts

255 months

Tuesday 17th November 2020
quotequote all
I think you'll just have to persist with phone calls as well as emails and contacting councillors etc..

Most staff will be WFH but they will still have communications like the rest of us who WFH.

Most have Zoom/Teams/Skype etc..

Part time working sometimes disrupts communications with staff sharing roles in LG.

Good luck.

TwigtheWonderkid

49,040 posts

179 months

Tuesday 17th November 2020
quotequote all
kowalski655 said:
Letter before action giving them 7 days to pay (maybe copy to the Chief executive too) and then small claims.
Councils aren't special and immune from being sued.
^^THIS. Don't fk about with emails and phone calls, you've already done that, just get on with it.

The cost of your court action (probably about £50) will be added to your claim.

TwigtheWonderkid

49,040 posts

179 months

Tuesday 17th November 2020
quotequote all
GreatGranny said:
I think you'll just have to persist with phone calls as well as emails and contacting councillors etc..
Why?? Small claims courts exist for a reason.

vaud

59,403 posts

184 months

Tuesday 17th November 2020
quotequote all
TwigtheWonderkid said:
Why?? Small claims courts exist for a reason.
True, but leveraging a councillor might be even quicker.

And you risk the council being inept and pushing the MCOL to their legal team for weeks.

Also a letter before action is good form.

TwigtheWonderkid

49,040 posts

179 months

Tuesday 17th November 2020
quotequote all
vaud said:
TwigtheWonderkid said:
Why?? Small claims courts exist for a reason.
True, but leveraging a councillor might be even quicker.

And you risk the council being inept and pushing the MCOL to their legal team for weeks.

Also a letter before action is good form.
A letter before action is legally required. You have to give them 7 days notice of your intention to take the legal route.

vaud

59,403 posts

184 months

Tuesday 17th November 2020
quotequote all
TwigtheWonderkid said:
A letter before action is legally required. You have to give them 7 days notice of your intention to take the legal route.
https://www.citizensadvice.org.uk/law-and-courts/l...

Ah yes - you are right - I thought it was just good practice.

Riley Blue

23,205 posts

255 months

Tuesday 17th November 2020
quotequote all
TwigtheWonderkid said:
GreatGranny said:
I think you'll just have to persist with phone calls as well as emails and contacting councillors etc..
Why?? Small claims courts exist for a reason.
As a former councillor if I received an email about this I'd be stomping along the corridor asking WTF is going on?

Rick101

7,188 posts

179 months

Tuesday 17th November 2020
quotequote all
TwigtheWonderkid said:
A letter before action is legally required. You have to give them 7 days notice of your intention to take the legal route.
I haven't done this previously. My claims were a good few years back now though.
Both paid within two hours of them getting the letter btw!