Rang the credit card company and all logged with them, they tried to get me to do it as a "chargeback" claim because she said it would be quicker, but as I was unsure I stuck with the Section 75 and hope I made the correct choice!

same thing

No, ithey aren't the same thing.

Chargebacks are subject to the rules of the cc provider, (and can be disputed by the retailer, again subject to the policies of the cc provider : if the retailer successfully disputes it, the charge then gets reapplied to your account). The customer agrees to this when doing a chargeback (even if they don't know they are agreeing ; it is in the Mastercard or Visa regs!, and they can invariable point you to a term in the original T's and C;s ......).

Other differences include that chargebacks are a procedure set-up within the Visa or MC regs, whereas S.75 arises from statute law.

Chargebacks can be done for under £100 (or over £30,000), whereas a S.75 claim outside of these limits is bound to fail if defended.

For a S.75 claim the cc company won't refund you and then later re-instate the charge (like they might for a chargeback) (unless the claim is fraudulent, when all bets are off, but that is the 'exception that proves the rule'). This is another major difference between the two.

For a S.75 claim, the cc provider will either agree at the outset, or investigate. After investigation, they'll agree or decline. If they decline, then (barring the retailer being signed up to an ADR scheme) the only way to get them to change their mind (or get a ruling against them) is them is by a LBA or its subsequent court claim, where they are included as a defendant using the provisions of S.75.

Thank you for explaining the difference...fingers crossed they pay up!

Is it right that this bloke should still be trading if he’s gone into liquidation?

probably phoenixed the company. You should still get your money back from the bank though so dont let this worry you

probably phoenixed the company. You should still get your money back from the bank though so dont let this worry you

Have sent everything off to credit card company now, so just waiting to hear back from them..I will get my placard out once recovered from knee replacement and stand outside his shop telling people not to go near the cowboy!

I contacted the liquidators because Mr Arse is still trading from the same premises , using the same phone number and the shop front is still displaying the name of the now liquidated company...she advised that he was now operating as a sole trader under a different trading style (whatever that means)she was more than interested when I sent her photos showing him trading. I know he’s allowed to trade under a different name, it’s morally wrong but he’s not breaking the law, however by trading as he is and giving the illusion that his shop and company name is still trading well that is not allowed...and hopefully they will take him to task over it. A new review has appeared on google now from a woman who has a court order against him for £9K which of course he won’t be paying her..I’m so thankful I paid by credit card

Still no refund, I’ve chased the credit card company who won’t let me speak to the person dealing with our case, he just kept saying there is no time limit on how long they have to deal with it and won’t give me any update at all. Fearful now that we won’t get anything back...should have paid with a card from a decent credit card company I guess...

I've just looked into this thread for the first time. A bit late to say so now, but I have no idea why this has been allowed to go on so long. The letter before claim should have been served in February and the claim issued immediately after that.

I haven't noticed the name of the trader anywhere. Is it a secret? Are we trying to protect him? I think you should tell us which the company is, where they are, and the name of the trader now. Don't imagine that you're the only person with this problem and publishing the name will help to protect others.

I don't understand where you have gotten to with the section 75 claim. Have you done this in writing? Also, are you recording your calls? Have you read our customer services guide? (I think you may not have done)

Who's the credit card provider? Or have I missed that? Are we trying to protect them as well?

Also, I'm not quite clear from your original post whether the contract was concluded in your home or at the dealers premises. In other words, I just want to ascertain that this is an off-premises contract.

Also, this business that there is no time limit et cetera is a load of rubbish. This is just part of their campaign to resist your claim. Refusal to give updates as well is completely unacceptable. These people have a duty to treat you fairly and I would be beginning a formal complaint with the intention of going to the FOS. That would give them eight weeks – and it sounds if they had probably more than that so far anyway.

I wouldn't mind an answer to the questions I've set out above

The sale was conducted over the phone following a visit from the salesman/owner, (we have been advised by a solicitor that this comes under distance selling regulations/off premises contract as we never actually saw the stove before we bought it) the company is The Grimsby & Cleethorpes Stove Centre Ltd.

but that’s irrelevant now as they are in liquidation, the credit card company is Aqua (who has subsequently contacted me since my call to them last week to ask for additional information

- presume that means they have actually not done anything with our claim since we submitted it weeks ago ).

We followed what we thought was the correct procedure and even if we had issued the claim in February it would still mean nothing as he put the company into liquidation. I am chatting to another one of his customers who has a court order for £10K against him, but he refused to pay and I think that was when he went down the liquidation route, immediately starting retrading under The Fire & Stove Centre from the same presmises.

Hope that makes sense!

Also, this business that there is no time limit et cetera is a load of rubbish. This is just part of their campaign to resist your claim. Refusal to give updates as well is completely unacceptable. These people have a duty to treat you fairly and I would be beginning a formal complaint with the intention of going to the FOS. That would give them eight weeks – and it sounds if they had probably more than that so far anyway.

 

I wouldn't mind an answer to the questions I've set out above

Have now answered your original post, and thank you we are thinking of making a formal complaint now, although they have now contacted me for some additional information, so will give them a week and if nothing heard submit a formal complaint

Have heard nothing from credit card company, so have just emailed asking for an update. If they don’t respond within 48 hours I am going to raise a formal complaint as I’ve had enough now, I want my money back and they are required by law to refund this money so I’m getting annoyed that they are trying their hardest to not pay it.

If no response to official complaint after 8 weeks I presume I raise it with the FOS?

I should raise the complaint anyway and start the 8 weeks rolling now

I should raise the complaint anyway and start the 8 weeks rolling now

Just googling as you do and it says we can report to FOS if we submitted claim more than 8 weeks ago which we did. So should I just go straight to FOS? Never done this before so I’m a bit slow!

Yes. I suggest that you telephone the FOS and try to begin the complaint online. Get a reference number and then follow up in writing. They should be prepared to do that – but sometimes they get a bit reluctant in which case they will simply tell you to send it in writing. Make sure that your complaint is sent next day special delivery – tracked & signed for

Thank you, will get onto it

Just checked the FOS website and it says I can’t raise a complaint with them until I have a final response from the company?

Just checked the FOS website and it says I can’t raise a complaint with them until I have a final response from the company?

Or you have asked them for a “deadlock” letter, and 8 weeks have passed.

Otherwise all companies would need to do is never issue a final response........

I sent an official complaint to Aqua last night by email and today, surprise surprise, they have emailed back saying the amount will be refunded to my account in the next 3-5 work8ng days

Thanks you all who have helped and guided me on this, it’s very much appreciated.

Well done.

Please let us know when you get the refund and we'll update your thread title.

HB

Well done.

 

 

 

Please let us know when you get the refund and we'll update your thread title.

 

 

HB

Will do!

Dont forget to donate if you can....

Will do!

Refund received today