Section 75 claim

[bbeaumon]

Hi,

 

Barclaycard have refused to consdier my claim on the grounds that i delayed in advising them! I was told originally to pursue the supplier, which I did and obtained a CCJ against them. The payment was originally made in Jan 09, CCJ March 09, Bailiff instructed 17th March 09 however they discovered that the registered address was not valid on 9th April 09. Claim to Barclaycard 28th May 09!

 

Should i threaten a CCJ against Barclaycard??

[slick132]

Hi BB,

 

That wouldn't be my choice of action just yet, as you should be reasonable in trying to resolve an issue before resorting to a court claim.

 

Which dep't has said you can't claim now.

 

I assume you told BC of your loss and they advised you to pursue the supplier initially.

 

Was it the bailiffs who said the Registered Address was not valid.

 

What was the supplier's business and do you know if they're still trading.

 

Sounds to me like you've being very quick to act throughout, so perhaps BC are just trying it on.

[bbeaumon]

Hi

 

Fraud department have said no at this stage. Initially I rang BC and was told to pursue supplier. Bailiffs advised registered address not valid. Company is a private wheel clamping company and is still trading, however it seems they are clever at hiding their tracks and difficult for bailiffs to seize anything. I have written again to BC stating that their literature says to try and resolve with supplier and no timescales are mentioned and reminding them again of obligations under section 75.

[slick132]

Ahaa, so the "supplier" was a wheel clamping outfit. I take it your complaint is that you shouldn't have been clamped - as opposed to paying for goods which were faulty.

 

I think this belongs in the Parking Forum so I'll move it there for you.

[Fair-Parking]

How much is the judgment for and who was the defendant?

[londoncass]

I read your post with interest because at the advice of my CC I'm sueing the clampers and will be expecting a chargeback when I've (hopefully!) got my CCJ.

 

You may find the following interesting, particularly about the fact the ombudsman even compensated the customer £250!!

 

credit cards - issue 31

 

During my research I think I may have seen somewhere that you must notify the CC within 6 months of a problem. This should be irrelevant for you because you called up near enough the time and they should have marked the transaction as disputed.

[bbeaumon]

The judgement was for £1585 defendant parking control services. They wheel clamped my stolen car and wouldn't return it until i paid £1500! see thread I started elsewhwere. I was advised on the forum to try the s 75 route given the bailiffs are struggling!

[Fair-Parking]

Then you are in the driving seat. Forget county court bailiffs as this shower knows how to deal with them. Go for a real result. If Parking Control Services is firm and not a company then issue the proprietor with a bankruptcy notice or a Statutory Notice, both of which are valid for a debt of £1500.

 

If it's a limited company then issue them with a winding up petition (again valid for debts of £1500). Better still, if there is a web site with bank details on then send a copy of the bankruptcy notice/Statutory Notice/winding up petition to their bank. They may well freeze the defendant's account until the threat goes away.

 

Both ways are quick, dynamic and designed to get even the thickest clamper hopping about with a quick desire to settle. All these methods have a very sobering effect on the miscreants.

 

Don't mess about with those who have no respect for the law. Use it to inflict the most effective method of being paid within weeks rather than months.

 

Let me tell you also that there is practically no defence against a winding up petition and very little time for any company to avoid being would up by the High Court.

 

Contact an insolvency specialist. They'll soon get your money for you, particularly armed with a CCJ.