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We had an equipment 'Hire Agreement Regulated by the Consumer Credit Act 1974' for our business with a company called Kennet Leasing. Essentially this was for 5 years and the onus was on us to terminate the agreement at the end of 5 years with one's months in advance for us to obtain ownership of the equipment and be able to stop paying the monthly charge. Halfway through the agreement the debt must have been sold by Kennet to another company called OnePM, so the monthly payments went to this company from that moment onwards.
We terminated the agreement in writing to both KENNET and ONEPM last March however it was brought to our attention that payments had still been coming out up until March this year, so they did not cancel the agreement and have been taking unauthorised deductions from us for one year.
We contacted ONEPM to arrange refund of the money they have unlawfully taken, but they have refused, despite showing evidence of the letters we sent, dated March last year. We do not have any proof of postage at the moment as still searching for that, but the letters were sent.
I understand as the agreement is a commercial one it does not fall under the realms of the Financial Ombudsman to force them to refund this money. So I am wondering what is the best way to get them to pay up as they are in the wrong.
My initial thoughts are to go through the small claims, but this would cost £600 as the amount is over £11k. I am happy to do this as I will get the small claims issue fee back, but do not want to go down this route if it is isnt the best route to take.
Is the small claims route the best way to force them to pay what they wrongfully took? Or is their another route? OnePM did mention I could take it up with the NACFB complaint scheme but I have been told by a few people that is a mickey mouse company and will be a waist of time as they have no power to force them to do anything.
Any advice will be much appreciated, thank you in advance.
We terminated the agreement in writing to both KENNET and ONEPM last March however it was brought to our attention that payments had still been coming out up until March this year, so they did not cancel the agreement and have been taking unauthorised deductions from us for one year.
We contacted ONEPM to arrange refund of the money they have unlawfully taken, but they have refused, despite showing evidence of the letters we sent, dated March last year. We do not have any proof of postage at the moment as still searching for that, but the letters were sent.
I understand as the agreement is a commercial one it does not fall under the realms of the Financial Ombudsman to force them to refund this money. So I am wondering what is the best way to get them to pay up as they are in the wrong.
My initial thoughts are to go through the small claims, but this would cost £600 as the amount is over £11k. I am happy to do this as I will get the small claims issue fee back, but do not want to go down this route if it is isnt the best route to take.
Is the small claims route the best way to force them to pay what they wrongfully took? Or is their another route? OnePM did mention I could take it up with the NACFB complaint scheme but I have been told by a few people that is a mickey mouse company and will be a waist of time as they have no power to force them to do anything.
Any advice will be much appreciated, thank you in advance.
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