Very account aaaggghh advise please

[fathamster]

Hi
I bought an Ipad from Very at the end of Dec as it was the cheapest place. I've been paying off £50 a month for 2 months. I checked my balance mid Feb and to my suprise it was in credit for £97!
I spoke to a customer advisor who told me that because of late deliveries before Christmas, Very were refunding the delivery charge AND the amount of the Ipad £240. I saw the credit for this amount on my statement.

A couple of days later I decided to use the £97 from the account on various items.
Now I've gone back onto the account and the credit has been taken off and I owe them £247!!
Once I got through to an advisor after an hour (2 put the phone down on me). The lady was helpful and confirmed it was put there in error!
She said they can set up a payment plan but I feel like I have been duped into spending the extra £97 that I wouldnt have done if they hadn't put the credit on in error.

Can anyone help me with where I stand with this and what is the best way forward. I wish i'd taken a screen shot showing the credit on there but have no evidence.

Thanks for any help

I'd just send back the items you'd ordered for a refund

I assume that you cannot return the items? Very are a shower of shits and I'm so glad to be done with them. I don't have any advice sorry

I bought some make up that I've been using, a top that I've worn and some exercise do dah that my partner has been using for the past week. I would send it back but not sure if they'll take it.

I'm just cross that it's things I wouldn't have bought had they not told me I had the credit on my account.

Very are shocking. I was going to close the account once the Ipad had been paid off, I never them normally. Grr

I would write to them (recorded delivery) made a formal complaint and tell them the above, then say you are disputing the amount owed. Send them a cheque for £10 (standard fee, if you don't have a cheque book ask them for alternative ways to pay in your letter) and request a data subject access request, specifically ask for the recordings from the phone call you had with them.

TELL them under no certain terms you will pay them until they investigate the dispute, your are now struggling to meet other bills (priority ones, like electricity etc) because you thought you was buying things in credit.

If you have statements or screen shots that will help too

I would, but don't hold your breath. They requested 2 car seats back from me that broke 'for testing'.

Refused to accept liability, refunded the price of the seats to my account 'on this occasion as a gesture of goodwill'. Sneaky.

I wonder if theve had issues with their systems this month as I had to contact them as I got charged interest when I shouldn't have been. They vaguely apologised and said they'd send it off to their 'special finance department' to sort. They also said it might impact on my credit score

Thanks I spoke to someone in the complaints department after being transferred. She explained it was an error and anyone can make a mistake! It was on my account for about 10 days before it was picked up. She said she would listen to the phonecall and phone me back on Monday. I'm happy to pay for the Ipad but feel like they told me I had this extra money to spend when in fact I didn't. Will wait and see what they say. I must admit they are less than helpfull when you eventually get through to them.

Legally, they can't recover this money. When money is paid to another by mistake, it can be recovered UNLESS 1. There has been a specific representation that you were entitled to the money and 2. You have changed your position to your detriment relying on that representation (see here www.google.co.uk/amp/swarb.co.uk/avon-county-council-v-howlett-ca-1983/amp/). Both 1 and 2 apply here so you're in the clear. The problem is that practically, as they control your account and simply debit it off and don't have to actually try and recover the mistaken payment from you, you don't really have the opportunity to tell them to go and whistle for the money.

I would:

1. Write to them and state that, according the well established law set down in the Avon county council v howlett case, they are estopped from seeking to recover the mistaken payment from you, having made clear representations that you are entitled to the funds and you having relied on this to make further purchases that you would not have otherwise made.

2. state that, if they do not immediately re credit your account with the £247, you will issue a small claim for this sum and will seek to recover your associated fixed costs and court fees as permitted by the court rules.

You could then write a further letter, headed "without prejudice" making an offer to pay for the iPad in full and final settlement of any claim either party may have and give them 14 days to accept.

Thank you for your advice. After a few days of telephone calls and disputes, they eventually listened to the original phone call and agreed to credit £100 onto the account, which they have done this afternoon. I'm so pleased I stood my ground!