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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45287
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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http://www.thisismoney.co.uk/money/experts/article-2550065/TONY-HETHERINGTON-I-replied-adv

Resolved Question:

http://www.thisismoney.co.uk/money/experts/article-2550065/TONY-HETHERINGTON-I-replied-advert-D-Corp.html#comments

D-Corp London approached me on phone 2 weeks back (17/1/14). I looked at the other website which has been mentioned in the above article and thought the company is genuine and that their claims are also genuine. Foolishly, I agreed and paid the sum of 4950 on credit card. I have recieved the software on CD.

Now, I am worried and don't know what next to do? What are my rights? Can I claim this money back ? I have already blocked the credit card to prevent further transactions.

Any help/ guidance will be appreciated
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Apart from cancelling your card have you raised this as possible fraud by them?

Customer:

I am trying to establish first whether the company is fraud or not

Customer:

when I made the payment of pounds 4950, the credit company contacted me and i authorized it. Now if the company turns out to be fraud or is a scam. can go back to the credit card company.. Do they share a responsibility or if i have authorized the payment, i stand no cahnce of recovering the money.

Customer:

is there any other things i should be doing

Customer:

I plan to contact the d-corp company and request for my money back; but if they refuse, what legal action can i take.

Customer:

hello

Ben Jones :

Are they based in the UK?

Customer:

yes ; D-corp,XXXXX london, ec4n6np; website- www.dcglobal.com

Customer:

there number XXXXXXXXXXX /p>

Ben Jones :

ok let me get my response ready please

Customer:

thank you

Ben Jones :

If you establish that this is a fraud organisation then you could approach your credit card and raise this as a fraud transaction and hold the credit card jointly liable under section 75 of the Consumer Credit Act.


 


If you get no luck with that then the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:


 


1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.


2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.


3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer:

is the credit card jointly liable under section 75 of the consumer credit act even if I had authorized the payment ie contacted the bank and requested them to go ahead with the payment

Customer:

is the credit card jointly liable under section 75 of the consumer credit act even if I had authorized the payment ie contacted the bank and requested them to go ahead with the payment of 4950 pounds

Ben Jones :

the credit card can be jointly liable if there has been a breach of contract for example if you do not get what you have ordered. This is even if you had authorised the payment

Customer:

I have got the cd with software though. but the recent article on thisismoney (link below) makes me wonder whether it is fraud company. I am trying to establish whether the company is fraud or not.

Customer:

http://www.thisismoney.co.uk/money/experts/article-2550065/TONY-HETHERINGTON-I-replied-advert-D-Corp.html?ito=feeds-newsxml

Ben Jones :

Well I cannot say if it is fraud or not - it is not really a question for a lawyer, we do have a fraud examiner team on the site if needed

Customer:

I have also signed a deed of acknowledgement for the company. I believe I can still raise the isuue with credit card under section 75

Customer:

how do i get in touch with the fraud examiner team

Ben Jones :

if you go to our homepage www.justanswer.com you will see drop down menus to choose which category to post a question to - then you select More Categories - Fraud examiner and can post your question there

Customer:

will they be able to ascertain whether the company is fraud or not..

Ben Jones :

They will give you a pretty good idea, they have access to certain tools and information they can form an opinion through

Customer:

i cant find them on your website

Ben Jones :

are you on our homepage

Customer:

found them under life and personal

Ben Jones :

ok sorry the order may have changed but it is a dedicated category

Customer:

i will write to them now

Customer:

will they charge me again....

Customer:

any ways thanks for your help

Customer:

already lost a lot of money

Ben Jones :

it will be a separate query unless you are on a subscription package

Ben Jones :

But if you need any more legal input get back to me any time

Customer:

where is this subscription package

Customer:

thanks you have been brilliant...

Ben Jones :

ah you got me there, I do not deal with the accounts or subscriptions I just come on and provide my advice to customers. But you can [email protected] to query this

Customer:

thanks

Ben Jones :

You are welcome, best of luck

Customer:

but don't know what it means

Ben Jones :

what are you referring to please

Customer:

in my account section it says i am on unlimited subscription plan

Ben Jones :

ok it is likely you are on a subscription plan but I still suggest you contact customer service on the email to check exactly what that includes

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45287
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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