Looking for assistance from experienced litigators...

[Movingon]

I have an Asda card, and have recently been unable to pay the full balance each month as we originally planned. As a result we got one late payment charge of £12. I want to keep using the card for now.

 

Should I use and enjoy the card, and when I decide to close it, leave it the £12 short and let them take me to court?

 

Or, should I pay the £12, make it clear that it's under duress, and claim it back later at my leisure?

 

I would appreciate the thoughts of the more experienced litigators and armchair lawyers on the site...

 

Thanks

[rosiecotton]

The main times that I would advise to "pay under protest" is if you need to get goods back - i.e. a query on a car service when they won't give you back your car until you've paid, or if you are suffering as a result of not paying (e.g. if you've advertised with a company and they've printed the advert wrong but say if you don't pay up they won't take any more of your adverts, which you rely on to do business).

 

If you're still able to use the card with the £12 charge on it, and therefore you're not being put out in any way, I would advise you to just leave it and let them take you to court. However, I would write to them now and tell them that you won't be paying the charge and why, so that you don't just spring it on them 5 years down the line (for example). Keep a copy.

 

To be honest though, so long as you are not being inconvenienced, I don't see why you should have to pay under protest.

 

If they were to turn round and suspend your card until you pay up, then maybe it can be considered.

[Movingon]

Thanks Rosie - that's what I'll do then. I'll write to them making my position clear and see what they do - if they get all narky I'll pay it, but make clear that I'll be claiming it back at a later date of my choosing.

[blacksheep1979]

Will they necessarily close the card if you claim the £12 now?

[Movingon]

No but I haven't even paid it yet. I can either not pay it, or I can pay it and claim it back, which means doing that every time it happens... I'm just trying to weigh up what is the easiest route to be honest - anything for a quiet life and all that.