Chargeback or small claims?
Discussion
I got married a fortnight ago, and something that was booked to attend didn't appear on the day.
I have spoken to the company, who state they are going to refund me, however they are continually making up excuses as to why they have not actually done so - today's excuse was that they were waiting for a reply from their solicitors, but I have no idea what that is regarding.
Should they decide they don't want to give my my money back, what's the best way of getting it?
Total value is £495
£95 paid on credit card (MasterCard) last summer
£400 bank transferred last month.
The company appears to be a national head office with a number of franchises that actually do the work - I have made the payments to their head office.
Thanks
I have spoken to the company, who state they are going to refund me, however they are continually making up excuses as to why they have not actually done so - today's excuse was that they were waiting for a reply from their solicitors, but I have no idea what that is regarding.
Should they decide they don't want to give my my money back, what's the best way of getting it?
Total value is £495
£95 paid on credit card (MasterCard) last summer
£400 bank transferred last month.
The company appears to be a national head office with a number of franchises that actually do the work - I have made the payments to their head office.
Thanks
Small claims - it's all online. Dead easy. If they haven't got any money you may win but never see your cash. I'd still do it though because lots of people don't like the arrival of a CCJ.
Credit card chargeback should also be possible if there was complete failure and it's within 120 days of your payment on the card. Fairly obviously that would only cover part of the total.
I don't think you can just waltz up and ask a bank to reverse an electronic transfer.
Credit card chargeback should also be possible if there was complete failure and it's within 120 days of your payment on the card. Fairly obviously that would only cover part of the total.
I don't think you can just waltz up and ask a bank to reverse an electronic transfer.
Defcon5 said:
The credit card payment was last year summer, does that affect anything?
I've never heard of a time-lapsed defence. Your cc provider will confirm, then there's always the Ombudsman.Contact your cc company today for the FULL amount. You may find the original company pays you once the cc legals approach it.
Note that it's not as simple as just asking for your money back. You'll have to prove your case, and the CC people will assess it in the same way as a judge would, and the defendant will be able to defend and also to appeal against the decision. That said it looks as if it should be an easy win. I didn't realise the CC company might be liable for the whole amount though.
The Credit Card Company issues terminals to companies to facilitate a purchase. It charges for their use. It must take responsibility for vetting who it gives them out to.
Two examples from the moneysavingexpert website of full reclaims....
"I ordered and paid £15,991 in full for a new car but before I took delivery, the trader went into liquidation.
Thankfully I had paid the first £100 deposit on my Barclaycard credit card. So I made a Section 75 claim. It took six months, but this week I received a credit to my card of the whole amount, just from having paid the first £100 on my card."
"Linda Marriott and her husband had bought a £22,400 kitchen, and following this guide paid £200 as a deposit on a credit card for extra protection. When the firm went bust, they asked the card firm for all the cash back from their credit card - as they were due - but it said no.
In the end they went to the Financial Ombudsman. It ordered the card to pay out the full whack, plus 8% statutory interest, plus £200 extra for 'inconvenience caused'. For inspiration see Linda's full I got £23k back story."
Two examples from the moneysavingexpert website of full reclaims....
"I ordered and paid £15,991 in full for a new car but before I took delivery, the trader went into liquidation.
Thankfully I had paid the first £100 deposit on my Barclaycard credit card. So I made a Section 75 claim. It took six months, but this week I received a credit to my card of the whole amount, just from having paid the first £100 on my card."
"Linda Marriott and her husband had bought a £22,400 kitchen, and following this guide paid £200 as a deposit on a credit card for extra protection. When the firm went bust, they asked the card firm for all the cash back from their credit card - as they were due - but it said no.
In the end they went to the Financial Ombudsman. It ordered the card to pay out the full whack, plus 8% statutory interest, plus £200 extra for 'inconvenience caused'. For inspiration see Linda's full I got £23k back story."
Simpo Two said:
Note that it's not as simple as just asking for your money back. You'll have to prove your case, and the CC people will assess it in the same way as a judge would, and the defendant will be able to defend and also to appeal against the decision.
True to an extent, but generally speaking if the claim is genuine and it's not not open-and-shut in the merchant's favour, then the CC company will issue the chargeback and wait for them to complain.Jockman said:
The credit card company is liable for the ENTIRE amount. Approach them for the money back.
That depends whether you're using chargeback or s.75. Check out this handy link for the distinction between the two, https://www.theguardian.com/money/2012/jan/20/sect... You are correct that if the deposit is on the card then the whole amount is protected under s.75 (so long as the total is not over £30k)One way or another the OP should be entitled to get all of his money back. It shouldn't be too difficult to "prove" non-performance.
I always like the small claims route for reasons which include the CCJ threat. Guess I don't enjoy being let down or ripped off!
Simpo Two said:
Note that it's not as simple as just asking for your money back. You'll have to prove your case, and the CC people will assess it in the same way as a judge would, and the defendant will be able to defend and also to appeal against the decision. That said it looks as if it should be an easy win. I didn't realise the CC company might be liable for the whole amount though.
I've got all the emails and invoices etc showing me paying and them apologising for not attending so pretty clear cut.That said I'm not after any kind of moral victory, I'd just like my money back!
Ozzie Osmond said:
That depends whether you're using chargeback or s.75. Check out this handy link for the distinction between the two, https://www.theguardian.com/money/2012/jan/20/sect... You are correct that if the deposit is on the card then the whole amount is protected under s.75 (so long as the total is not over £30k)
Cheers Ozzie. I'm coming at this from a definite s75 angle. It's so clear cut.I think the chargeback title may have thrown people in the wrong direction.
A credit card is an enormously powerful tool when used properly.
Jockman said:
A credit card is an enormously powerful tool when used properly.
Yes, it should ALWAYS be used for flights and holiday bookings! For instance, online reservations with an overseas provider do not have any other form of protection because the UK schemes cover sales made in UK only.Gassing Station | Finance | Top of Page | What's New | My Stuff