Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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  1. #1
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    Default Section 75 claim on credit card

    Looking for some help on what to do next.

    My future daughter-in-law bought her weddingicon dress from Capri Skies which suddenly closed down two weeks ago. My son used his credit card to purchase the dress.

    My son wrote to his credit card company requesting a refund and quoting section 75. He included a copy of the receipt from Capri Skies and a printed statement from their website saying that the shops were forced to close.

    He received a reply from the credit card company yetserday saying that as the wedding was not until 28th May 2010 they could not process a refund until after that date! However they may be able to claim earlier if he was able to supply categorical proof thet the company had been put into administration and the date.

    Capri Skies is not a ltd company and from what I understand only a limited company can be put into administration. The company owner is apparently liable herself and will probably be declared bankrupt. The latest statement on their website is;

    Link removed

    We have emailed the owner via the email address posted on their statement. Her reply is that they will go into administration next week which is totally contradictory to their statement.

    Basically my future daughter-in-law needs the refund now to be able to buy her dress again. It is obviously not going to come from a shop which has ceased trading. Does section 75 only cover refunds if the company is in administration?


  2. #2
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    Default Re: Section 75 claim on credit card

    Be careful when accessing the link for Capri skies - AVG just popped up a virus alert when I loaded the page.........


  3. #3
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    Default Re: Section 75 claim on credit card

    Quote Originally Posted by Highchiefolaf View Post
    Be careful when accessing the link for Capri skies - AVG just popped up a virus alert when I loaded the page.........
    Same here so I've removed the link.

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    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  4. #4
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    Default Re: Section 75 claim on credit card

    Quote Originally Posted by Highchiefolaf View Post
    Be careful when accessing the link for Capri skies - AVG just popped up a virus alert when I loaded the page.........
    This trojan was not on the site earlier when I posted the link. I tried again this morning and Avast gave me the alert too.

    It looks like the site has been hacked.


  5. #5
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    Default Re: Section 75 claim on credit card

    Has anyone got any help in how to proceed?


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    Default Re: Section 75 claim on credit card

    Here's a new link which appears to be ok.


    Link removed

    From reading that the owners seem to imply that they may not have had the money. Did your future DIL receive a receipt? If not, I assume her card statement shows the transaction.

    I suggest that she asks the owners of the shop for her dress within 14 days (if she still wants it) or a refund so she can buy a dress elsewhere. Assuming that she doesn't get either, she could try contacting the CC company again.

    EDIT - Don't try and go to the site as virus alerts still appearing

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

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    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  7. #7
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    Default Re: Section 75 claim on credit card

    Quote Originally Posted by caro View Post
    Here's a new link which appears to be ok.
    Link removed
    I did email them and tell them about the Trojan Horse so perhaps it's been fixed.

    From reading that the owners seem to imply that they may not have had the money. Did your future DIL receive a receipt?
    Yes she did. I think the owners have been implying that recent transactions have not gone through properly. The dress was bought in January 09 yet Venus Bridal have confirmed that the dress is still in their warehouse - presumably as it hasn't been paid for by Capri Skies.

    To be honest there have been so many stories flying around I don't completely believe the statement made on the webiste.


    If not, I assume her card statement shows the transaction.
    Credit card transaction shows £960 paid to Capri Skies.

    I suggest that she asks the owners of the shop for her dress within 14 days (if she still wants it) or a refund so she can buy a dress elsewhere. Assuming that she doesn't get either, she could try contacting the CC company again.
    I have emailed them asking them to confirm that they have ceased trading and cannot supply the dress as per the original contract. I have also asked them for a refund although I did not stipulate a date. I'll see what reply I get.


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    Default Re: Section 75 claim on credit card

    The statement on the site did seem rather rambling and make a few accusations.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  9. #9
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    Default Re: Section 75 claim on credit card

    Quote Originally Posted by caro View Post
    The statement on the site did seem rather rambling and make a few accusations.
    There have been a few other accusations too. read the posts by crowmonkey and hanoi.

    FAO CAPRI SKIES BRIDES UPDATE 07/06 :: You & Your wedding

    Personally I think the owners are at it and the sooner we get a refund and move on the better.


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    Default Re: Section 75 claim on credit card

    That's dreadful. If you haven't heard anything in 7 days contact them again and give them a (short) deadline.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  11. #11
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    Default Re: Section 75 claim on credit card

    Quote Originally Posted by caro View Post
    That's dreadful. If you haven't heard anything in 7 days contact them again and give them a (short) deadline.
    Shall do - thanks.

    Meanwhile should the date of the weddingicon even be considered a factor considering the dress was paid in full in January and the designers (Venus Bridal) have confirmed that they have it and it is ready? Venus have said that they will send it to Panache (another bridal store) where we can pay to buy it again!


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    Default Re: Section 75 claim on credit card

    I don't think it should be a factor. A dress has been paid for that it would appear won't be provided and the money isn't being refunded. Once you've tried again with Capri, go back to the cc company and try them again. If you still have no joy then we'll have to think how to take it further.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  13. #13
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    Default Re: Section 75 claim on credit card

    Quote Originally Posted by caro View Post
    I don't think it should be a factor. A dress has been paid for that it would appear won't be provided and the money isn't being refunded.
    The cc company have asked for proof that Capri Skies have gone under. How much proof is required from us? Will it be enough to provide proof such as an email showing that we have tried to contact them but to no avail?

    Once you've tried again with Capri, go back to the cc company and try them again. If you still have no joy then we'll have to think how to take it further.
    Thanks - I will do that. I also intend phoning the fosicon for advice.


  14. #14
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    Default Re: Section 75 claim on credit card

    Reply from my email;

    "I can indeed confirm that administrators are coming in this week. They will be intouch with all our creditors. This email may be sufficient but if not it is my understanding that all customers will be sent letters confirming the fact that we are no longer in business. I am glad your dress has been ordered and that this will hopefully mean no delays in getting it to you, even if it is delivered to another outlet. Venus will let you know the best outlet for you.

    Hope this helps and i am very sorry for any inconvenience,"


    I am about to write to the cc company as I don't want to wait until this letter arrives - to be honest I have my doubts as to whether it will happen as Capri Skies are a not a limited company.



    Is it worth including this email as proof?


  15. #15
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    Default Re: Section 75 claim on credit card

    It won't hurt.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  16. #16
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    Default Re: Section 75 claim on credit card

    There is a virus alert on the Capri Skies website still just in case anyone was thinking of looking at it


  17. #17
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    Default Re: Section 75 claim on credit card

    I've removed the links again. Thanks for the warning.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
    Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

  18. #18
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    Default Re: Section 75 claim on credit card

    Latest reply from credit card company;

    "In order to enable the quickest way of getting your money back i require written confirmation from the manufacturer/maker of the weddingicon dress that they have not been paid by Capri Skies for your item. Once this has been received, I will then be in a position to recover the monies you have already paid."

    My contract is with Capri Skies, not the manufacturer of the dress so why should I be seeking proof that they have not been paid?

    I now have an email from the owner of Capri Skies saying that she cannot supply the dress nor give me a refund. The website has also been updated to show that she had been ill advised that they were about to go into administration as she is a sole trader. She has to wait 60 days till she is declared bankrupt.


  19. #19
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    Default Re: Section 75 claim on credit card

    I see why they want it, but it is, frankly, [naughty word].

    Your contract was with the shop, any arrangements up the supply chain are irrelevant. This just seems like another hoop they want you to jump through.


  20. #20
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    Default Re: Section 75 claim on credit card

    What a load of rubbish from the CC! Why do cc companies think that if they keep saying 'no' you're going to go away?!

    Suggest you get a signed written statement from the owner of Capri Skies stating
    1. the amount you have paid on your cc
    2. the date paid
    3. that Capri Skies are no longer trading & will be unable to supply either the dress or a refund

    Send the statement to the CC & threaten to commence legal action if you do not receive a credit to your card within 14 days as is their duty under S75.


    Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.




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