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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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on 16/10/13 i was rung by Lamda Processing who said that my

Resolved Question:

on 16/10/13 i was rung by Lamda Processing who said that my computer was running slow. they were right, but how did they know without hacking into my system? i paid them 229 dollars (£183=44) to their company ia Salt Lake City-- invoice number lpr2013106223606341-- via my Santander credit card to solve the problem.i believe that i was scammed as they were supposed to contact me on 18/10, but noone has been in touch.i reported to Action Fraud and they told me to contact my bank.i did this and sent them copies of all relevant bank-Santander-replied on 20/11/13 and said that they were unable to help and i should contact the retailer. the money was apparently paid to hightechpcsolutions, but initially my contacts were askpc and Lamda Processing.i also contacted one of microsoft technicians and he said that no support company would contact anyone--you have to contact them. he says that i was hacked and scammed--- i only want my money back. can you help me please?
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi thanks for your question. I will assist you with this.

In order to assist you fully, can you please confirm for the avoidance of doubt that it was your credit card not your debit card that you used?

What did you ask your credit card company to help you with? Reimbursment? If so, on what grounds? What did your credit card provider say?
Customer: replied 2 years ago.

it was my old credit card--last four numbers 8197--that i used. i had the card blocked and a new card issued when this happened.. i asked the credit card company--Santander--- for reimb
ursement. they wrote on 20/11/13 and said " unfortuneately, as the natureof the dispute relates to the quality of service that was provided we are unable to assist with your claim." the nature of service was that i was scammed -- i asked a Microsoft technician for help and he said that i had been scammed--and that no support company would contact you for any computer support--- it is the clients duty to do thids and i did not contact anyone for support.

Expert:  Kasare replied 2 years ago.
Hi, thanks for this.

Please don't include personal details (or banking information) on here as this is a public forum! It is extremely likely that this was a scam.

However, your credit card provider cannot escape liability to you for reimbursement in this instance. I would advise you to write back to your bank advising them that you are unhappy with their response to you, and state your reasons why.

Your reasoning is that you have been subject to a breach of contract and/or misrepresentation by a supplier and that they have failed to provide the services which you paid for and/or by virtue of their misrepresentation caused you to pay for a service which you did not require.

Section 75 of the Consumer Credit Act 1974 states that "If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor"

For the purpose of section 75 and very simply:

A breach of contract is where the supplier fails to do what the contract says it must, either expressly or by implication.
For example, there is a breach of contract where goods or services that have been paid for are not supplied at all, or are not up to standard.

A misrepresentation is an incorrect statement of fact that causes the consumer to go ahead with the contract. For example, there is misrepresentation if the supplier has persuaded you (which they have) that your computer is running slow and requires you to pay for an expensive (and unnecessary) service.

Most credit card companies, while disputing liability, will eventually pay out if someone loses money because of this or fraud. But they do try to a) suggest they are not responsible and b) insist that the consumer must try and sort the matter out with the trader first.

Inform the company when you write to them, that if they do not resolve this to your satisfaction within 6 weeks you will make a formal complaint to the Financial Ombudsman Service. Here is a link to their website -

I hope this assists. If you require anything further please ask.

Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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