Question - I'm chasing an old refund from an ISP

[Dean]

Hello everyone. As there are some clever bods on here I thought I'd present you with my question. ;)

The Story

Basically I had an account with an ISP called Toucan between 2006 and 2007. On canceling, they still kept billing me... I paid an extra month by mistake the rest I refused to pay and eventually they went away. Anyway I have a statement dated July 2007 that states my account is £12 in credit. At the time I chased the refund, but got nowhere, passed from pillar to post. I had better things to do with my time so left it.

Anyway I came across this statement and decided to chase it again. Toucan is now owned by PIPEX which is owned by Tiscali, which is part of the TalkTalk group . I have chased Pipex for the cash, but, surprise surprise they have no knowledge of me ever having an account with Toucan (they have the original statement in their possession). But in their closing paragraph they say as the account was over two years ago I have no right of claim to the money as I never complained within thirty days of closing the account.

So my question is... if I am chasing a refund have I left it too long (2 years 5 months) in the eyes of the law???

I have looked at ofcom and used google, it appears in the eyes of others, only being owed £12 from PIPEX, I have got off lightly.

I'll look forward excitedly to any replies.

Thanks

Dean.

[PSL184]

Probably no chance as the company no longer exists - Not sure if this is correct from a legal point of view but from a practicle point of view I would hold out much hope!

[LouiseM]

if I am chasing a refund have I left it too long (2 years 5 months) in the eyes of the law???

This isn't covered by any 'law' as such as you would have signed or agreed an individual contract with the company when opening your account. Do you still have a copy of your contract? If so, take a look at the small print and see if it specifies that complaints must be submitted within 30 days. Do you any proof to show that you contacted the company about the refund at the time, and within 30 days, eg copies of letters?

As the error has been caused by you, not the company - you paid for an extra month by mistake after you had cancelled the contract - without any of the above there's little hope of getting your £12 back. Sorry