I paid a service charge in cash. I was given a receipt, which I now can't find - I might even have left it in the store. However, the store did have a carbon copy.

A week later, the company called me to say I hadn't paid. I went in, they showed me the carbon copy and someone had written across it in biro "This has not been paid". So this must have been done after I left.

The manager is now saying that because I don't have the top copy of the receipt, I have no proof that I paid. Surely the existence of the carbon copy shows proof of payment or are the laws different in Spain?

This is not a small amount of money and I'm really worried I'm going to have to pay again. Can anyone help/advise me please?

This is the consumer law in Spain.Basically due to EU law Spain has the same legal obligations as the UK, it is upto the buyer to prove, but it usually only gets resolved in court.

One comment would be, if you hadn`t paid why did they give you the goods.If they didn`t then they should have a signed documnent stating you hadn`t paid and the terms on which you should pay.

Simply writting you hadn`t onto a carbon copy isn`t very strong.

http://www.consumo-inc.es/

http://www.cecu.es/index_marcos.htm

http://cec.consumo-inc.es/cec/seccio...erechos_es.asp


http://eur-lex.europa.eu/LexUriServ/...9L0044:EN:HTML

http://www.euroconsumatori.org/16856v18340d18668.html

A piece of additional information. The payment was a service charge so there are no goods involved. It was the maintenance for a year's TV service. As it is, they've cut me off until I pay - again!

....So they are either rebroadcasters or supplying you with Sky TV?
If it's the first, threaten to denounce them. If it's the second, tell them that you are going to complain to Sky, as what they are doing is effectively illegal (as most probably is the rebroadcasting)

Walk away and tell them to take it further.

Or

Tell them you have found your copy, and state your prepared to fight in court.

Bluff them, don`t show them anything.

Write a letter demanding your service is reconnected within 7 days, if not you`ll sue them for breach of contract (If no contract) demand a full refund and you`ll be taking your business elswhere.

Sounds as if there illegal.

So they`ll make all the usual threats, if they threat you in a harsh manner, it`ll prove there dodgy, as they have no other option.

A years TV should have come with a service contract and payment agreement.

Consumer protection in Spain has the same law as in the UK.You have probably more rights than they do.

Thank you livit and valenciatim for your answers. I've had this TV service for a few years, so this was just the follow-up annual maintenance fee. The contract was signed when I first had the service installed.

My concern, if I threaten court, is that they could destroy their carbon copy and I haven't got a leg to stand on because my copy of the receipt has definitely disappeared. This will then cost a lot more than simply paying the charge again.

If I denounce them, assuming they are illegal, I lose the TV service and the original installation fee (significantly more than paying the charge again).

What I really want to know is whether their copy of the receipt constitutes proof of my payment or not. I know that what they've written in biro after the event can be disputed but, if they hadn't written anything, would the carbon copy constitute "proof of payment"?

I know in the UK, original receipts aren't always required.

Guess that's the last time I pay in cash

I am just wondering what the name of the company supplying you is called.
This happened to me also just a few days ago !
It is also not the first time I have heard it happening to other people either .

Yes it does.

If you hadn`t paid they would not have removed the top copy.But if they push it, it will come down to there word against yours.

As in the UK it is up to you to prove, but also it is upto them to prove you didn`t.

If in court both parties need to provide evidence for and against.

Its then up to the judge.

A factura/recibo is an official paper which should contain the address details, NIF and should be stamped when payment is received and should be signed on both copies.

Have they sent any demands for payment ?

What amount is missing ?

What time scale between paying and problem ?

Did you happen to go into the bank and draw the cash out in which case there would be a withdrawal in your book or statement or did you have it your purse/wallet?

Cash withdrawal only proves you withdrew cash, not that you paid anything with it.

The best course of action would be to negotiate terms based on your past and future customer.

If there not prepared my thought would be that its dodgy.

Maybe the person who took the payment from you has lied to cover his back and is determined to recover the cost from you or there in financial difficulties.

If its a genuine case of mistake by a genuine company they should do a deal with you in a way that ensures a good relationship.

If there a crap company they`ll push you up to the point of court, i doubt it would go to court, if it did, fight your case.

Don`t be pushed around, be friendly, proffesional and firm.

Explain that you will make an official complaint to the Spanish Ombudsmen found in English here;

http://www.defensordelpueblo.es/web_ingles/index.asp

Hi livit

The amount was over €270. It was paid on a Friday, I went there the following Wednesday after the TV service went off and they had telephoned to tell us that we still owed them the money. They didn't send a paper invoice, it was all done face to face and on the telephone.

The girl who took the payment wasn't in, so we returned the next day - Thursday. That's when they showed us their copy of the receipt with the biro note scrawled across it.

We were asked not to discuss it with the girl because she is only 16 but the guy we did talk with essentially said that if we didn't pay, they'd keep our service switched off and our only redress would be to take it to court.

As I said before, all they have to do is destroy the carbon copy and there's no record of anything. Court is not really a viable option.

Thanks for the link to the ombudsman though - although, without any receipt whatsoever, I doubt that he/she's will be able to help.

Our fault - lesson is 1) don't pay cash and 2) don't lose the ruddy receipt.

Thanks again for trying to help. At least I know that their carbon copy of the receipt should have been proof enough that payment had been made.

By removing the service without letters for payment, there in breech of contract, but check your service contract.

They should formally ask for payment.

Make a complaint stating that you intend to complain to the Ombidsmen, industry regulators and you will persue the employee or the company for all costs.

Start making threats back.

Tell them you`ve found your copy of the receipt and you want the service back.

Just to see if theres another way to help, why are you paying such a large service fee ... is this because you have SKY from the UK and they make an annual charge for the card maintenance?

Their service is illegal, tell them you are going to denounce them to the police.

Loads of people have been done for rebroadcasting in this area, including the punters for receiving and even the community presidents for it being on the community grounds.

There is a cable system here but you now have to sign forms it is on your own back and nothing to do with the president or the community.

Can you not just ask them why they have a carbon copy of a receipt allegedly belonging to you but then scawled over "not paid". Why would they write a receipt to you in the first place if they didn´t have the money. I lay money they are trying to bully you into paying again. Keep calling their bluff.