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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi my name is ***** ***** is ,we paid a kitchen a

Customer Question

Hi my name is ***** ***** is ,we paid a kitchen a company the sum of£27,892 as payment for a total agreed price of£29,769 deposit£7,443.another Bank transfer for£10,549.then a final payment of£9,900 on credit cards.two payments B.card total£4,900.M.S credit card£1,500.and H.S.B.C £3,500!.we never received kitchen, so have tried to get a refund through the credit card companies!they are saying under section 75 we don't qualify for a refund because the sum went over£30,000 because the company had sent an invoice for£489 for some additional side panels!but we didn't agree to have this added as an extra and never paid extra.they are saying that this has taken us over the threshold of £30,000 ,they are saying we didn't E.Mail him saying this, but said it verbally over phone conversation!any advice will be very much appreciatedthank youTerry
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When did you take out the credit card please?

JACUSTOMER-h25gauai- : Hi Alex,
JACUSTOMER-h25gauai- : the Barclaycard was issued on 21.4.1988!the transactions were made on the3.1. 2014
JACUSTOMER-h25gauai- : i hope this is helpful to you
JACUSTOMER-h25gauai- : Thank you
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. You need to name the Company as first defendant and Barclaycard as second defendant
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 clairfy anything for you about this today please?
JACUSTOMER-h25gauai- : Hi Alex,
JACUSTOMER-h25gauai- : hi Alex
JACUSTOMER-h25gauai- : Hi Alex,my question was to do with how we stand with the credit card company's after paying out £9,900 on three different credit cards, towards a kitchen that we paid £27,769 for. But bearing in mind the total would amount to £30,470
JACUSTOMER-h25gauai- : U
Alex Watts :

Yes, if it is over £25,000 then it wont be regulated given the age of the agreement.

Alex Watts :

Amendments to the Consumer Credit Act 2006 meant that this limit was removed, but ONLY for new agreements.

Alex Watts :

As yours is so old then it is excluded.

Alex Watts :

But that does not stop you making a claim against them and see if they pay out

Alex Watts :

Does that help?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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