Whats the chances of a chargeback here :(

Whats the chances of a chargeback here :(

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R1 Indy

Original Poster:

4,381 posts

182 months

Sunday 28th September 2014
quotequote all
Im not having a lot of luck with customers at the moment frown

Did a job yesterday, CCTV system.

I went out of my way to help her, working on a saturday etc.

But this didn't go the other way, easily the worst customers I've ever come across, moaning about absolutely everything, didn't like where cams sited, the look of cable etc even though explained where things would go.

TBH if it wasn't for the amount of equipment already installed i would of just walked away, but i kept at it, and finally thought she was happyish with the results.

I took a debit card payment on her premises.

I got home, and phone rings, she tells me she is not happy as a cable is tied to a gutter down pipe, half way up the wall. (right next to the sky cable).
Apparently the weight of the extra cable could bring the guttering down :roll eyes:
And wanted me to come back last night to clip it to the wall!
I politely refused, and told her i could drop by in the week and clip it to the wall for her, but would not look as neat clipped to pebble-dash'd wall.

She told me she would cancel the payment £900, and put phone down.

Im now thinking what the fk!!


Then this morning, i get a call from her daughter, telling me her mothers necklace was missing, i told her nothing to do with me, and i would not be discussing this with her.
I then blocked both there numbers from my phone, as i couldn't be arse'd with this on a sunday!

But she then leaves a rather comical message saying, she know's i stole her necklace, she has been in contact with the police, i must bring back today or there will be consequences rofl


Now i have no intention of going back now to move her cable, she is obviously just finding a way to get out of paying, just as she was yesterday!


So is her bank likely to do a charge back here?? I'm guessing she will give them a load of lies!!

Im guessing if she were to call the police (unlikely?) they would be unlikely to bother me much? due to no evidence.
Oh and i defiantly did not steal her bloody necklace!!!

So any idea's on the chance of a chargeback etc?

Cheers



Too Late

5,092 posts

234 months

Sunday 28th September 2014
quotequote all
fkADuck. She sounds mental
If she cancels the payment, and refuses you entry to remove all the kit you installed, can you not call the police as it's theft?

R1 Indy

Original Poster:

4,381 posts

182 months

Sunday 28th September 2014
quotequote all
Oh there is "mental" and there is "mental", If only i had noticed before id started, but she seemed ok before i started frown

I have a feeling, i would be told "not a police matter" and have to take her to court!

Piglet

6,250 posts

254 months

Sunday 28th September 2014
quotequote all
I'd be more worried about the necklace than a chargeback Tbh. Personally, I'd get in touch with the local BIB and tell them that she has made this allegation about you, probably better that way than waiting for her to contact them.....


Birkin1932

784 posts

138 months

Sunday 28th September 2014
quotequote all
Debit card charge backs are harder than visa charge backs

She has to show the bank she did not get what she paid for. Then her bank approach yours with that evidence, it's your bank who agree to pay the funds back

I think a difference over the position of a cable tie will not be enough to trigger a chargeback, keep all emails you got.

In regard to the theft claim, I would send her a strongly worded letter of denial and report her allegations to the local plod.

She has 120 days to raise the chargeback




R1 Indy

Original Poster:

4,381 posts

182 months

Monday 29th September 2014
quotequote all
Cheers, will have to wait and see regarding a chargeback.

We'll I've just had a call of gwent police, so she has reported it frown

He pretty much told me over the phone, that it won't go anywhere!!

But here is the complex bit, she is in wales under gwent police, I am in Gloucestershire, under Gloucestershire police.

So he can't just come and speak to me.

He told me I have the option of going into Newport police station voluntary to give a quick statement, Or he can instruct Gloucestershire police to arrest me and bring me to Newport to give a quick statement!!!

Surely they can't just arrest me if I refuse to go, with absolutely no evidence??


Cyberprog

2,186 posts

182 months

Monday 29th September 2014
quotequote all
Hrm, they probably could, but I'd try and avoid being arrested and go and give a statement. But I'd take legal representation with me, as I don't think you're entitled to it at the station without being arrested.
I'd also write out a full statement of events, from start to finish (commissioned to do the system, installed the system, obtained payment, call to complain, call to report theft, etc.) as soon as possible, and give that to the police as your statement.

You could even download a copy of the MG11 statement template and insert it on that.

paolow

3,208 posts

257 months

Monday 29th September 2014
quotequote all
R1 Indy said:
Cheers, will have to wait and see regarding a chargeback.

We'll I've just had a call of gwent police, so she has reported it frown

He pretty much told me over the phone, that it won't go anywhere!!

But here is the complex bit, she is in wales under gwent police, I am in Gloucestershire, under Gloucestershire police.

So he can't just come and speak to me.

He told me I have the option of going into Newport police station voluntary to give a quick statement, Or he can instruct Gloucestershire police to arrest me and bring me to Newport to give a quick statement!!!

Surely they can't just arrest me if I refuse to go, with absolutely no evidence??
OP - this thread is heading toward needing moving toward the Speed Plod and The Law forum. This has taken a somewhat sinister turn - I'll offer what I can:

Correct - it is (very) unusual for an officer to cross borders to speak with you for your version of events with regard to a crime of this nature - so in standard fashion there is the option of you going to them to provide your side of the story.

Be under no illusion though, an allegation has surely been made - otherwise they wouldn't be speaking to you and so therefore the only course of action is for you to be interviewed under caution about the matter. This is VERY different from just giving a statement. I cannot advise legally - but from my own perspective it might be better to attend the station on a voluntary basis than put it off and run the risk of arrest which will mean the taking of fingerprints, photograph and DNA and much more inconvenience not to mention the potential of having to declare that you have been arrested etc if asked.

They absolutely can arrest you with no evidence - from what you say the Police have been provided with an account re the property and there is a proper way this should be refuted. This is by interview - either voluntarily or under arrest. Unfortunately there are no other ways to go about this.

In sum you will need to be interviewed - if you are arrested you are entitled to free and independant legal advice. If you choose to attend the station at a mutually convenient time you will not be so entitled so might have to fork out yourself if you decide to go down this route and want a solicitor. As above I cannot suggest which you might prefer - though if it is like you say and you had nothing to do with it - what evidence can there be against you to refute?

By your own comments the officer is not impressed by being given this case which sounds like it should lessen any worry you might have that this will go any further, but there is always the possibility of a 'surprise'. If the allegation is that the property was there and now it isn't it would be hard to justify a search of your home. If she alleges that she saw you take it - a search might be necessary. Unpleasant news indeed as it could lead to a search and wagging tongues from your neighbours.

Like I say - you will get a lot of good advice by asking a mod to move this to SP&L or creating a new link to this there. I feel for you if the facts are as given - but I am afraid I cannot offer any advice as to how to proceed.

R1 Indy

Original Poster:

4,381 posts

182 months

Monday 29th September 2014
quotequote all
Cheers, much appreciated.

I will start a thread in SP&L, as it is now probably more relevant there.

Simpo Two

85,151 posts

264 months

Monday 29th September 2014
quotequote all
R1 Indy said:
But she then leaves a rather comical message saying, she know's i stole her necklace, she has been in contact with the police, i must bring back today or there will be consequences rofl
You could tell her that you will be in contact with the police regarding blackmail and attempted fraud...

R1 Indy

Original Poster:

4,381 posts

182 months

Tuesday 30th September 2014
quotequote all
Oh dear, another turn to this nightmare frown

Just had a special delivery letter, stating, due to the circumstances, she wants me to come remove system, and full refund.
She states, she has rights for a full refund within 14 days?

Surely distance selling regs don't apply here?

Ok, I supplied a price over the phone, but confirmed the details of the installation in person with her on the day.

Also it's a service along with products, surely if this does count as distant selling, my labour etc shouldn't be refundable?

Pot Bellied Fool

2,125 posts

236 months

Tuesday 30th September 2014
quotequote all
Think she's getting confused between cooling-off periods but I suspect that's not an issue as actual work has been commenced. Worth taking some advice though - are you a member of the FSB or any similar organisation with a helpline?

However, the other issue is: Do you really want this batstcrazy woman as a customer?

can you imagine how many warranty calls & mysteriously failing items there's going to be if you leave the system in?

I know it's a kicker - and I'd struggle to take that hit - but might just be better to retrieve your kit (taking a witness) and then after taking advice, issue a small claim for the labour element. (or just part refund her once you've safely got the kit in the van). Make sure that you make good so far as possible otherwise she will use that.

Sympathies, sounds a right one!

onesickpuppy

2,648 posts

156 months

Tuesday 30th September 2014
quotequote all
Pot Bellied Fool said:
Think she's getting confused between cooling-off periods but I suspect that's not an issue as actual work has been commenced. Worth taking some advice though - are you a member of the FSB or any similar organisation with a helpline?

However, the other issue is: Do you really want this batstcrazy woman as a customer?

can you imagine how many warranty calls & mysteriously failing items there's going to be if you leave the system in?

I know it's a kicker - and I'd struggle to take that hit - but might just be better to retrieve your kit (taking a witness) and then after taking advice, issue a small claim for the labour element. (or just part refund her once you've safely got the kit in the van). Make sure that you make good so far as possible otherwise she will use that.

Sympathies, sounds a right one!
I'd take the kit and NOT refund her. The police will probably spin her the 'it's a civil matter' line.

biggrin

Simpo Two

85,151 posts

264 months

Tuesday 30th September 2014
quotequote all
R1 Indy said:
Just had a special delivery letter, stating, due to the circumstances, she wants me to come remove system, and full refund. She states, she has rights for a full refund within 14 days?
Sounds like she's been to the CAB and told them a sob story.

The ultimate arbiter of who's right and who's wrong is the law - ie the court. That's what you have to plan for and towards. We all know that a demand for removal and full refund just because you fixed a clip in a place they didn't agree with is unreasonable, and any judge will see that. The wheeze to force you to do things under threat of accusation of theft is obviously false - becuase they haven't mentioned it again. So they are two points down already.

So write back, by Signed For delivery, stating the exactly and all the facts of what has happened so far - what you did and what they did and all correspondence both verbally and by letter/e-mail etc. That will be the basis of your case. As for the price, she must have agreed with it because she paid it. What she actually has is 'buyer remorse' - but that's her bad luck. They are stupid and they are bullies, and stupid bullies never win in law.

Dig in, don't take it personally, don't let it spoil your life. A few well aimed cross-court volleys should get rid of them.

Pot Bellied Fool

2,125 posts

236 months

Tuesday 30th September 2014
quotequote all
^Wot Simpo Said smile

It'd be nice if you could recover the cots of you having to travel to Police interview from her but doubt she'd admit it was all made up...

So the only solution is to set up a Pay-Per-View webcam site, they are IP based with an open port on the router I hope... biggrin

Simpo Two

85,151 posts

264 months

Tuesday 30th September 2014
quotequote all
Pot Bellied Fool said:
So the only solution is to set up a Pay-Per-View webcam site, they are IP based with an open port on the router I hope... biggrin
It would be rather fun if they tried the ploy of claiming the CCTV system was broken - and you had recorded footage of them up a ladder breaking it cop

Birkin1932

784 posts

138 months

Tuesday 30th September 2014
quotequote all
Be careful here, she may have to prove the goods have been returned to get a debit chargeback.

I'd ignore the letter

hedgefinder

3,418 posts

169 months

Tuesday 30th September 2014
quotequote all
Birkin1932 said:
Be careful here, she may have to prove the goods have been returned to get a debit chargeback.

I'd ignore the letter
yes, from experience I can tell you that you do need evidence that the goods have been returned even if its just a receipt from a transport company tstating that they have delivered a box to your address..