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    • Manxman, I have highlighted the relevant bits in bold. The proportion of the services can only be charged if the express consent was given in a durable medium.   (1) The consumer may cancel a distance or off-premises contract at any time in the cancellation period without giving any reason, and without incurring any liability except under these provisions— (a)regulation 34(3) (where enhanced delivery chosen by consumer); (b)regulation 34(9) (where value of goods diminished by consumer handling); (c)regulation 35(5) (where goods returned by consumer); (d)regulation 36(4) (where consumer requests early supply of service). (2) The cancellation period begins when the contract is entered into and ends in accordance with regulation 30 or 31.   Cancellation period extended for breach of information requirement 31.—(1) This regulation applies if the trader does not provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, in accordance with Part 2. (2) If the trader provides the consumer with that information in the period of 12 months beginning with the first day of the 14 days mentioned in regulation 30(2) to (6), but otherwise in accordance with Part 2, the cancellation period ends at the end of 14 days after the consumer receives the information. (3) Otherwise the cancellation period ends at the end of 12 months after the day on which it would have ended under regulation 30.   Supply of service in cancellation period 36.—(1) The trader must not begin the supply of a service before the end of the cancellation period provided for in regulation 30(1) unless the consumer— (a)has made an express request, and (b)in the case of an off-premises contract, has made the request on a durable medium.     (4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount— (a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and (b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.     (6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if— (a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or (b)the service is not supplied in response to a request in accordance with paragraph (1).
    • Hi all   I will dive straight into my scenario.    I have a personal Barclaycard credit card that I defaulted on in first half of 2015.  This debt has been bought out by Hoist in 2019.  I have not made payments since the first half of 2015 to the account. I am pretty sure I have not acknowledged the debt to the DCA that occasionally contacted me since then The six year anniversary of the default will arrive in the first half of 2021. I recently received a 'Letter of Claim' from Howard Cohen Solicitors informing me of Hoists intention to issues proceedings in the County Court for the outstanding amount. The letter states I have 30 days in which to reply.  The letter states that it is written in accordance with the Pre-action Protocol for Debt claims. They have provided a brief summary of the outstanding debt but not the original signed agreement.  My feeling is that the pressure is being ramped up because of the upcoming six year anniversary of the default.   I am not sure whether I should; A). Ignore the letter (if so what are the consequences). B). Stall for a little more time until the six year anniversary of the default arrives, and whether engaging with them too has its own set of consequences. C). Pay too much attention to the six year anniversary of the default  - as I am not sure if a debt becomes automatically statute barred after six years in which I have not acknowledged that debt.    Like many, I have been hit by Covid economically.  I have not worked most of this year.  I am operating at substantial loss with funds fast drying up. The work position doesn't seem to be changing any time soon. I am not claiming benefits or anything.   Any suggestions for plan of action would be gratefully received.   Thank you   Arthur M.                        
    • Hi Manxman, Yes, the contract was signed on-line and I'm relying on s31 of CCR.  I think what you are alluding to is the fact that if the contract started within the first 14days and if it was commenced with the expressed consent of the consumer (on a durable medium such as letter or email not phone call or webforms), then the consumer has to be pay for the portion of the services that was provided. Also, if the service has already been completed (which is not the case here as the service will be completed after 12months from the commencement of the tenancy which never commenced) then, full service fee is payable. In this case, no express consent was given - I have checked all my emails to them so they cannot charge for the portion of the services either i.e. arranging some viewings and finding a prospective tenant. In fact, I offered to pay for the reference check costs but they want it all. There was an implementing guidance on CCR2013 which categorically says that the regulation applies to letting agent's services - I have attached it here. At the end of the day, regulations are regulations and if anything, consumer is recognized as the weaker bargaining party as the contract was created by the business. Please google Robertson vs Swift - case prior to CCR 2013 came in where the supreme court ruled in favour of the consumer and went above and beyond what the regulation said at the time (although it derived some criticism).  bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance (1).pdf
    • No I didn't, in 2018 my laptop was unable to download open office.   I have attached the ci sheet from 2017, with all the charges listed up to then.   StatIntSheet v101 Charges V2.xls
    • According to MCOL,the claim was registered as issued on 23 November so that makes it 12 December by my reckoning-I wasn't sure if you counted the 14 days from the 5th day or the day after so I went for the latest possible date.
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Did a chargeback on a ryanair flight that wasn't cancelled...can they get back at me?


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Regarding a charge back ,    We was advised by the UK not to leave the country a few weeks ago so I called Ryan air to ask for my money back for a flight ,   I was told that they dont do refunds unless they cancel the flight 

 

I then called the bank and told them the flight had been canceled and asked for a chargeback on my visa debit ,   the money was refunded to me straight away but I obviously lied and the flight still went ahead without me or my wife on it , 

 

My question is this ,    Can Ryan air dispute the charge back and also how long have they got to dispute it as its already been 2o days since the charge back ,    Thanks 

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  • dx100uk changed the title to Did a chargeback on a ryanair flight that wasn't cancelled...can they get back at me?

retitled and moved to the airlines forum.

 

interesting one...

they could object to the chargeback

and the bank could agree to repay them.

 

they could also not, but discover down the line, that things don't don't marry up and ask you for payment directly.

but TBH i think you might have covid recommendations on your side but i'd save NOW any relevant information you might need to prove your point of 'don't fly' just in case.

 

they have 6yrs to do so 

 

we can't guess eitherway.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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unfortunately, under the statute of limitations Act, that has has been around for probably +100yrs, yes.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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there might well be a time limit for them to object to the chargeback..but that becomes somewhat immaterial once it passes.

 

you attained a refund, by whatever method, ryanair are now out of pocket.

should they deem that there was no reason for said refund, be it that the flight wasn't cancelled or that the covid no travel advice does not apply, then they have 6 yrs to possibly action getting their moneyback.

which is why i said ensure you research things NOW and keep the evidence of the no travel advice etc etc where you know where it is.

 

eitherway we don't have a crystal ball to guess what they will do

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they are two sep things.

 

you say they can dispute the chargeback upto 30days from you doing it,

i've not checked that

..but its immaterial once that time has passed should they not dispute it.

 

under the statute of limitations (same as if someone owes YOU money or you have a debt like a credit card one)

the person/company that claims a debt is owed has 6yrs from the debtors last payment or action to try and collect it. or raise a court claim.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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 :frusty:

thats the time limit regarding a chargeback dispute.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Actually the time limit is longer than that. As it would be money which was paid under a mistake, it would be 6 years from the date they discover the error or could reasonably have done so.

Also there could be a question of fraud

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sch i was trying not to panic them..:bounce:

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You would probably have been better off just not turning up for the flights and giving up the money.

 

How you paid is irrelevant. 

 

You formed a contract with Ryanain then broke it.

 

Ryanair are going to want their money.

Edited by ashmk

Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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https://www.chargebackgurus.com/blog/dont-run-out-the-clock-understanding-chargeback-time-limits#How-long-do-I-have-to-respond-to-a-chargeback

 

 

I have just spoke to my bank ,  not the one that i had a chargeback with and they have said the merchant bank has 30 days by law to dispute any chargeback ,   once 30 days have passed then they can no longer make any dispute ,  

when I mentioned 6 years she actually laughed ,  

 

So with no fear of getting banned from this page I can now say the 2 people who commented on my post DX100UK and BANKFODDER have no expertise in anything and [edit] speakers of this site ,  

 

[edit] knows how many people they have given [edit] advice too but I suggest anyone that listens to them finds out from other people who actually know what they are talking about ,   Cheers ,    Peace out 

 

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under the statute of limitations anyone you might owe money too has 6yrs to get it back.

 

the statute of limitations is nothing to do with any chargeback or whatever method you got the moneyback by.

 

please don't be abusive just because you don't understand the law.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You are right ,  I don't understand the law and assumed you did but upon checking with someone who does ,  The bank !!!   It seems you don't either ,   The difference is I did not make out I did 

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Bless.

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no-one here has ever said the bank do not only have 30days to dispute the chargeback process.

 

what we are pointing out out is that has created a debt with ryanair.

 

ryanair, as anyone has ....including you, that thinks someone owes you money,... has 6yrs to do 'something' about it before the debt become statute barred under the statute of limitations that prevents court enforcement happening.

 

you seem unable to understand this..

 

just because a chargeback was the reason you got that moneyback and under the rules concerning chargeback, that limits them to 30 days to try and dispute/reverse it under the chargeback scheme....that does not mean they cannot get their money back outside of the scheme or once the 30days have elapsed.

 

as has been said numerous times now. how you got the refund is immaterial. they still have 6yrs.

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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i believe this subject has been locked

however, that doesn't mean you cannot seek advice should ryanair, or someone they instruct, starts hassling you or worse over the fraud you committed. 

 

please simply send a private msg to any of the siteteam to unlock this thread and we will gladly help you.

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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