Cardsave dispute receipt of cancellation letter

[Faldinio]

Hi,

 

I signed up with Cardsave in March 2012 and never once used their service so in December I called them to pay my last quarterly payment early and end the contract. They took the payment over the phone and the advisor told me that all I needed to do now was cancel the direct debit. Regardless, the next day I send a letter anyway. I posted it around 22nd December.

 

March 2013 comes around and Cardsave start chasing me for quarterly fees. I rang them and said that I had cancelled the account as far as I was concerned and they said someone would call back. Nobody called back and the letters kept coming, so I wrote to them instead, telling them I had cancelled the contract and it shouldnt have renewed. They eventually rang and said they will need to charge me termination fees as well as the rest of the year's worth of quarterly payments! They said they had never received my cancellation letter. I wrote to them (this time via recorded delivery) with a copy of the letter (I take copies because I know what these companies are like) and also stated that regardless of whether I had sent a letter, I was TOLD that the account was now closed anyway.

 

I have today received a more official sounding letter with a copy of my contract signed in March 2012, asking for £240 and call it quits or they will seek further action and claim the £550 something they say I owe them.

 

I have never used their terminal or any of their services. As far as I was concerned the contract was over. What are my options here when they claim they never received the cancellation letter?

 

Thanks,

 

Mark

[citizenB]

Did you check the Royal Mail Website to ensure the letter had been signed for ?

 

Even so, if the letter was not returned to sender then it would be accepted they had received it. I would say they are pretty much trying it on. But if you can confirm the letter was received and signed for, I would just tell them to put up or shut up.

[Faldinio]

I never sent the first letter via recorded delivery, because I thought it was just a precaution as I was told over the phone that the account would be closed and I just need to cancel the direct debit. I thought that I'd write anyway. I sent the full account of what had been said plus a copy of the original letter, via recorded delivery after they started chasing me. I can't prove the received the original letter and as for them saying the account is closed, I was told that they don't save their call recordings for that long... which is probably also bull.

[citizenB]

They should keep data for 6 years according to the ICO..

 

I would say they probably did receive the original letter - it is accepted that if a letter has not been returned to sender, it has been delivered.

 

You should be able to see from your own phone records the date that you telephoned them. I would keep a record of that - if you have the bill in paper form, then keep it. If they were to say that you telephoned them for some other reason.. then they would have to provide .. their recording, wouldn't they

 

If this were me, I would send something along the following lines - send it to their Head office.. recorded delivery !

 

 

Dear Sir or Madam,

 

Formal Complaint

 

On DATE - I telephoned to cancel any relationship/contract with yourselves.

 

This was accepted and the person I spoke to said there was no need to confirm in writing, I would just need to cancel my Direct Debit.

 

Despite the advice of not confirming in writing. I did do so and as that letter has not been returned as undelivered it will be accepted as having been delivered.

 

I am now becoming increasingly irritated at your constant harassment for an account that has been cancelled correctly.

 

I owe you nothing, should you continue to pursue in this aggressive manner, then I will be forced to escalate my complaint to the Financial Ombudsman.

 

 

Yours etc..

 

 

 

[Faldinio]

Well I paid the rest of that year's fees early via card over the phone so I have a record of that. That letter is pretty much what I sent via recorded delivery the last time, along with copies of everything, but minus the ombudsman bit. I'll send another one then and quote your Ombudsman part.

[citizenB]

Please let us know how things go