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.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    martinwhite Novitiate

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    Default Credit card joint liability

    A little known way of getting your own back on them some more....

    If you have a dispute with a retailer or service provider, and you paid by credit card, your credit card company is jointly responsible for resolving the situation.

    The parameters are that the purchase is for more than £100 and not more than £30 000. So you could buy a car on credit card and chase them when it turns out to be a lemon.

    So if you've been ripped off or are unstatisfied, and attempts to get satisfaction with the retailer/service provider have got you nowhere, get on the credit card's case and make them responsible for sorting it.

    However, this does not apply when you use the cheques that some credit card companies provide. Or if your purchase is overseas.

    Consumer Credit Act 1974 s75
    http://www.oft.gov.uk/News/Press+rel...004/186-04.htm

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  2. #2
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    Default Re: Credit card joint liability

    I'm not sure how true this is, but I read somewhere recently that credit card companies will soon have to provide cover for overseas purchases too (some already provide cover for purchases in Europe at least)


  3. #3
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    Smile Re: Credit card joint liability

    This is true. I bought a coat that was of sub standard material from a boutique style shop. I retured it to the shop only to be told by the snotty owner that I couldn't have my money back, I could have a credit note or choose something else.

    Infuriated, I telephone Trading Standards who told me as I had paid on my Barclaycard and the item was over £100 they had equal liabiliy under the credit consumer act.

    They suggested in the first instance I put it in writing and also complain to Barclaycard, which I did.

    Needless to say they obviously rang the shop and gave the owner an arse kicking and I received a very grovelly phone callicon from her asking me to come back to the shop for a full refund, which now she would be happy to give me.

    HA!! Also I told everyone I know about their total lack of customer service and I heard her profits had plumetted!!


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    Default Re: Credit card joint liability

    Using my credit card, I paid 3 years up front to an ISP for a broad band sevice. After about one months use the company went into liquidation saying that I could claim a refund of charges from a third party. My attempt at getting a refund was unsuccessful as I was never able to establish communication with the third party.

    I recently heard that my credit card company may be jointly responsible for my loss, but does anyone know if there is a time limit in claiming this as the service was paid for this time 2 years ago.


  5. #5
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    Default Re: Credit card joint liability

    Quote Originally Posted by fun2fli View Post
    Using my credit card, I paid 3 years up front to an ISP for a broad band sevice. After about one months use the company went into liquidation saying that I could claim a refund of charges from a third party. My attempt at getting a refund was unsuccessful as I was never able to establish communication with the third party.

    I recently heard that my credit card company may be jointly responsible for my loss, but does anyone know if there is a time limit in claiming this as the service was paid for this time 2 years ago.
    No time limit. You will get back all the money you paid from your ccc less the one month service that was provided.


  6. #6
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    Default Re: Credit card joint liability

    Quote Originally Posted by martinwhite View Post
    A little known way of getting your own back on them some more....

    If you have a dispute with a retailer or service provider, and you paid by credit card, your credit card company is jointly responsible for resolving the situation.

    The parameters are that the purchase is for more than £100 and not more than £30 000. So you could buy a car on credit card and chase them when it turns out to be a lemon.

    So if you've been ripped off or are unstatisfied, and attempts to get satisfaction with the retailer/service provider have got you nowhere, get on the credit card's case and make them responsible for sorting it.

    However, this does not apply when you use the cheques that some credit card companies provide. Or if your purchase is overseas.

    Consumer Credit Act 1974 s75
    http://www.oft.gov.uk/News/Press+rel...004/186-04.htm
    Not quite the case with the example you have given with regards to a car.

    Equal Liability, not Joint, is based upon your cc provider being responsible for a purchase going wrong if you have paid by cc.

    It will be basically classed as Breach of Contract and/or Misrepresentation and it will be much easier to get your money back if the retailer you purchased from has gone bust.

    However, the cc company are not responsible for resolving a dispute, they are responsible for the money involved. Therefore, it will be up to you to try and resolve with the retailer and it may include having to go to court to prove the retailer has breached a contract or misrepresented.

    Then you can claim the ccc are of equal liability.

    It is also the case for overseas purchases too. Visa and Mastercard are global.


  7. #7
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    Default Re: Credit card joint liability

    When I had an issue with a purchase MBNAicon did all the negotiating with the retailer for me (because I was getting nowhere) and the retailer ended up refunding 80%, the CC the other 20%, thank heaven I paid by CC or I would have had no refund...


  8. #8
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    Default Re: Credit card joint liability

    Quote Originally Posted by poppynurse View Post
    When I had an issue with a purchase MBNAicon did all the negotiating with the retailer for me (because I was getting nowhere) and the retailer ended up refunding 80%, the CC the other 20%, thank heaven I paid by CC or I would have had no refund...
    Yes, some will differ.

    Halifaxicon did everything for me in my claim but Eggicon gave me the run around and I did everything and then they paid up.


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    Default Re: Credit card joint liability

    Dear forum
    I booked a holidayicon with freedom direct to turkey. I paid in full with my Halifaxicon credit card which is a master card.
    Freedom Direct have gone bust and have been taken over by hays travel.
    I was informed today, Freedom Direct paid for my flightsicon but never paid for my accommodation. Hays travel told me my credit card company should pay me back. i have called Halifax three times now and on each time been told they are not able to pay me back and purchase protection does not excist any longer and no credit card provider is liable.
    I only paid on my card thinking if anything went wrong i may be covered.
    i have had to pay a further £908.00 to hays to provide me with a hotel. because the flights had been paid i have to take them or i will lose the money on them as they are not affected.
    can anyone help with info please
    I am sure there is some thing within the consumer credit act specifically for this issue.
    Can anyone who has had this kind of experience or offer expertise in this matter to help me please.

    many thanks

    Caz


  10. #10
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    Default Re: Credit card joint liability

    You need to claim under section 75 - ring them and ask for the section 75 team.



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE