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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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stu007

Section 75 and Charge Back..>Whats the difference and how to utilise them

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SECTION 75 (Only)

 

Protection when buying Goods using a Credit Card - Section 75 Claim

 

By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through.

 

This is due to a little-known loophole that means section 75 claims can be reversed.

 

Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims.

 

The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation.

 

Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't.

 

Your refund rights under section 75

 

Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone.

 

Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation.

 

When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth.

 

But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute.

 

There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years.

 

However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy.

 

So if there is no response then it is best to raise the issue as a complaint to try to force a response.

 

Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised.

 

Section 75 Rules

 

Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant.

 

Purchases must be between £100 and £30,000

 

Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards

 

The amount of credit provided to the consumer towards the purchase must not exceed £25,000

 

There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts

 

Added rules around section 75

 

The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence

 

There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days

 

Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform.

 

Protection when buying Goods.pdf

 

 

 


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Chargeback (Only)

 

How to Use Chargeback - (The value is Less than £100)

 

What is the Chargeback Scheme?

 

Chargeback allows you to ask your Card Provider/Bank to reverse a transaction if there's a problem with something you've purchased using your credit or debit card.

 

Chargeback is not enshrined in law but is a voluntary agreement between credit card providers and card issuers who set the Scheme Rules, which participating Banks have subscribed to.

 

Chargeback is not covered by the Consumer Credit Act 1974 as it is a voluntary scheme. (see above)

 

Chargeback can be used in circumstances where you have paid for goods or services and the value of those goods or services is Less than £100. (and cannot be claimed from your card provider using Section 75)

 

The following Cards offer Chargeback Protection:

 

Credit Cards

Visa

Mastercard

American Express

 

Debit Cards

Visa Mastercard

Visa Electron

Maestro

Visa

 

Pre Paid Cards

Visa

Mastercard

 

When can chargeback be used?

 

Chargeback can be used in cases where:

 

--Goods or Services you purchased don’t arrive.

--Goods or Services you purchased arrive damaged.

--Goods or services you purchased are not as described.

--The company you purchased Goods or Services from ceases trading.

 

What are the Limitations on a Chargeback Claim?

 

--For a claim to be successful there must be a Breach of Contract.

--There may be Time Limits for a Claim to be made so always ask your Card Provider/Bank for clarification.

 

Are there any Time Limits on making a Chargeback Claim? YES

 

To make a Chargeback claim you will need to contact your Card Provider/Bank within their time limit.

 

Generally it is 120 days, which starts from the day that you become aware of an issue with the Goods or Services purchased.

 

There is also an overall cut off point of 540 days for Visa Chargeback. Therefore, your deadline for requesting a Chargeback is 120 days from discovering you have an issue, or 540 days from the transaction date, whichever comes first.

 

How to make a Chargeback Claim

 

The first thing you need to do is to try to resolve the issue with the retailer/merchant by contacting them for a refund and if the retailer/merchant refuses the refund you can then start a Chargeback Claim.

 

Ensure you have all your evidence then contact your Card Provider/Bank and inform them you wish to make a claim through the Chargeback Scheme.

 

Give full details of the specific transaction you wish the refund on via Chargeback.

 

Provide details of any correspondence you had with the seller/merchant to try to get your money refunded including letters, emails etc.

 

Some Banks may ask you to complete a claim form.

 

Be aware that when Contacting your Card Provider/Bank via there Customer Service Department they may not be aware of nor understand what a Chargeback Claim is. If this happens just be polite and ask to speak to a supervisor.

 

What if my Chargeback Claim is Rejected?

 

If your claim has been rejected and you feel the decision is unfair complain to the Card Provider/Bank.

 

If they still refuse your claim then you have six months in which to take your case to the Financial Ombudsman Service who may or may not overturn the Card Provider/Banks decision.

 

Be aware that if your claim is rejected as the Chargeback Scheme is not a Legal Requirement you will be unable to take your Bank or Card Provider to Court to Claim the refund back.

 

How to use Chargeback.pdf

 

 

 


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FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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http://www.legislation.gov.uk/ukpga/1974/39/section/75A

 

[F175AFurther provision for liability of creditor for breaches by supplier

(1)If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

(2)The conditions in subsection (1) are—

(a)that the supplier cannot be traced,

(b)that the debtor has contacted the supplier but the supplier has not responded,

©that the supplier is insolvent, or

(d)that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.

(3)The steps referred to in subsection (2)(d) need not include litigation.

(4)For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.

(5)In this section “linked credit agreement” means a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where—

(a)the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or

(b)the specific goods or provision of a specific service are explicitly specified in the credit agreement.

(6)This section does not apply where—

(a)the cash value of the goods or service is £30,000 or less,

(b)the linked credit agreement is for credit which exceeds £60,260 [F2and is not a residential renovation agreement], or

©the linked credit agreement is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.

 

Section 75 Legislation.pdf

 

 

 


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