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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am running a small fast food takeaway which I took over in

Resolved Question:

I am running a small fast food takeaway which I took over in March this year. I took over the existing staff also. I applied for a card payment machine which the salesman from worldpay eagerly signed me on to. He left the machine at the premises with no training or any mention of our liability. I have recently being targeted by a gang who were using stolen credit cards. Because of the number of transactions that were being queried by their owners. Streamline, the merchant bank, shutdown our account with immediate effect. Since then we have been unable to secure another account as our credit rating has plummetted. I have lost a lot of trade. I want to find out whether I can take the salesman to court for damages as I feel he should have made us clear what precautions to take when taking card payments over the telephone.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply. !
Alex Watts : Did you explain when you opened the account that the majority of transactions would be over the phonea
Alex Watts : Did you verify the card details in any way please?
Customer:

Yes I clearly explained to the saleman that we will be taking card payments face to face and over telephone. No we did not verify the telephone orders as we did not know what to verify? When this came to light, I checked how the staff were taking telephone orders and they in all cases were answering "YES" to the question "is customer present" and this allowed the transaction to go through without the need to input a pin. I surfed online to what the correct procedure and trained the staff to follow that. we were also assuming that any transactions accepted by the bank were ok.

Alex Watts : Did you not ask streamline about non customer present transactions?
Alex Watts : why would staff click yes if customers clearly were not present please?
Alex Watts : Did the salesman tell you to click yes despite customers not actually being there?
Customer:

No I did not ask streamline about customer not present transactions as i did not operate the till. The staff were taken over from the previous and this is how they always did these transactions.

Customer:

the saleman did not say anything regarding the use of the machine.

Alex Watts : Ok it's good and bad news.
Alex Watts : The good news is that you could possibly have a claim against the salesman for not showing how the system worked or providing one that was not adequate,
Alex Watts : The bad news is that your staff were saying customers were present when they clearly were not.
Alex Watts : This is false information.
Alex Watts : Just because it was done before does not make it correct.
Alex Watts : They were inputting incorrect data and this lead to the fraud. If you had informed streamline of cardholders not present or used the system correctly it may have alerted you t the fraud.
Alex Watts : 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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

The fact that you say it is good and bad news, what is the likely percentage of suucessful conviction. With regards to £5000 taken by streamline, can I report them to the banking obdsman? Will I be taking proceedings against the saleman or the company he works for?

Alex Watts : I can't say about the prospects I have not seen all the evidence so 50/50
Alex Watts : You can report to the Ombudsman yes.
Alex Watts : Does that clarify?
Customer:

you've forgot to answer the last question regarding who I need to take proceedings against. If I am taking the saleman to court, can I claim from him the £5,000 taken by streamline or do I also need to take streamline to court?

Alex Watts : You would not take the salesman personally to court, it would be his company.
Alex Watts : You would need to take the company to court.
Alex Watts : does that clarify?
Customer:

Any advise regarding how I need to present my case to worldpay would have been good, e.g. sample wordings to use, points that I should stress upon, etc.

Alex Watts : You left a negative rating but asked for more information which seems inconsistent .
Alex Watts : Your initial question asked if you could take the salesman to court.
Alex Watts : You now asked for how to present your case, wording and points to use, did I miss this in your original question please?
Alex Watts :

What you need to do is take the steps I have outlined above

Alex Watts :

This will be a small claim

Alex Watts :

You just need to write and set out your position

Alex Watts :

Any claim below £10,000 does not need to be detailed and is very informal

Alex Watts :

Even on the claim form you are very limited with words and chatacters -you just set out the position

Alex Watts :

Can I clarify anything else?

Customer:

no thanks

Alex Watts :

Great.

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