Taking direct debits

[derekpara]

My 90 year old mother-in-law had her Sky TV disconnected by the company prior to moving to a residential home with it's own connection. Due to her age, pressures of moving etc, she forgot to stop the direct debits from her bank and the company took three further payments. I discovered this after helping her with her affairs and asked the company to refund the money. They refused, saying it was my mother-in-law's responsibility to cancel the payments.

I wrote again, saying that this was not their money and they had no legal right to it - just like finding money in the street- and they should, just on moral grounds alone, refund the money. They still refuse.

Anything I can do ? The sum involved is about £150.

[keithlbw]

It was not her responsibility to cancel th DD , They had no right to take further payments after she had cancelled unless she was still under contract . What they have done is theft.
I would get back onto them and tell them that unless a refund is made you will take the matter up with a solicitor.

[Mamyalynne]

keith is absolutely correct and as soon as you mention seeking legal advice, you will see a refund on its way.

[Buenchico]

You seem to have used a poor analogy. If you find money in the street and have a genuine belief that it would be impossible to reunite it with its owner you can't be prosecuted for theft if you keep it. (The law provides a specific defence under those circumstances).

A better analogy might be someone who books a theatre ticket but then decides not to go. He can't demand a refund. The theatre kept to their part of the contract by keeping a seat available for him to use. Similarly BSkyB might be able to say that they would have made Sky TV available, at your MIL's former address, if required. The fact that it wasn't doesn't give your MIL a right to a refund.

However I note that your MIL had the service disconnected. So it seems that she might have terminated the contract by so doing. If so (and assuming that your MIL wasn't locked into a minimum contractual period) the direct debit payments may have been taken in breach of the relevant banking code. Speak to your MIL's bank about making a claim under the direct debit guarantee:
http://www.thesmartwa...t-debit-guarantee.asp

Chris

[joko]

yes i agree, the fact that it was disconnected and they did it, mean they knew full well the service was no longer required or going to be used.

to use another analogy, if i was a window cleaner and was instructed to no longer clean the windows at number 42, i would not then turn up at number 42 once a month for 3 months, having not cleaned the windows, asking for payment.

even when you pay in advance for these sorts of services, if you have fulfilled your contract they will usually refund the extra money

it sounds like they know they are going to get no further use from your mother so feel no need to be nice...and are clawing whatver thye can out of her

i also suspect that the person who took the payments, or rather didnt stop them, knows theyve messed up and deosnt want to account for it...

[derekpara]

Thankyou all for those reasoned comments.

My analogy may have been a poor one, but, to extend it, isn't the finder legally bound to hand it to the police to completely discharge their legal duty ?

D