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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i tried to make a claim on my credit card for an item bought

Resolved Question:

i tried to make a claim on my credit card for an item bought in october which
was not as described and did not fit its specificatoons.
i had up until the beginning of december had contact back and forth with
victoriaplumb who the item was bought from.No success. I have now received a letter
from my credit card company saying because of the timethat has passed sincethis transaction eas posted to your account we cant help you with your despute.
I have been in contact with them since middle of december.
They say i should speak to a solicitor because i might have a claim under section 75
which i was claiming under anyway.
Is this correct.
Margaret
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you for your question and welcome.

My name is XXXXX XXXXX I will assist you.

Unfortunately with any S.75 claim Credit Card companies will not make it easy for you.

What they have said though about the time limit is not correct, as it relates to a contractual claim technically you can bring the claim any time within 6 years.

I personally would not bother with a solicitor unless the claim is for several thousand pounds. What I suggest is the following:
1. Use the S.75 Template claim letter from the CAB here - http://www.adviceguide.org.uk/wales/consumer_w/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_extra_protection_when_you_buy_on_credit_or_debit_card_e/consumer_credit_act_1974_-_section_75.htm

2. If the card company still does not give you a satisfactory response then make a claim to the financial ombudsman. http://www.financial-ombudsman.org.uk/ - they will have the power to rule against and bind the credit card company.

Action in a court will be costly and time consuming and you may not recover all your costs. The Ombudsman is free and will probably give you the same result.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.


When I first got in contact with the credit card company i used a


template s75 letter from Which .


The third letter from the credit card company wanted proof of return for


item. I had already told them that i still had the item(which did not fit the size it said) shower enclosure as victoriaplumb wanted me to pay 45 pounds for it to be uplifted and because they said it did fit size requirements despite me sending photos showing it didnt would also


deduct 20% from the price paid so they could resell it.


After this letter i received the one saying too late, get a solicitor.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

It is not too late what they are saying is not correct. You have six years as a straight forward contractual claim.

Is it the £45 you are trying to claim? Have you got a receipt for this?

What you need to tell the card company is that the goods are not fit for their intended purposes and you cannot claim a refund from the merchant concerned. If they wont accept this as evidence I would go straight to the Ombudsman. Write to them first (you will need to give them evidence of what you are trying to reclaim) and say if they do not consider your claim you will reserve the right to complain to the Ombudsman.

I look forward to hearing from you.

Kind regards

AJ
Customer: replied 3 years ago.


I am trying to claim the 279 pouns that i paid for the shower enclosure


that doesnt fit their spec. I have read about other customers who complained to victoria plumb about the same item .


They were not interested. I have the enclosure but it is not what it says therefore i want my money back.


Am i entitled to it from the credit card company.

Customer: replied 3 years ago.
Relist: Other.
I want clarification.
I have been waiting a long time for a reply
to his reply
Expert:  Ash replied 3 years ago.
Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

You need to name the store as Defendant 1 and the credit card company as Defendant 2. Sue both at the same time.

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?

Alex
Customer: replied 3 years ago.


You have given differant view of what i have to do.


I was not told previously that I would need to have the


court involved but that i should go to the Ombudsman.

Expert:  Ash replied 3 years ago.
Ombudsman can take some time - I would recommend considering Court action. It is only a small claim and quite a quick and straight forward process.

Alex

Customer: replied 3 years ago.


How much would this cost me?

Expert:  Ash replied 3 years ago.
£25 to issue the claim and £25 to hear it, if it is not settled.

If you win those costs are added.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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