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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good evening, On 24th Nov 2014, I paid £7.89p for some Diet

Resolved Question:

Good evening,
On 24th Nov 2014, I paid £7.89p for some Diet Supplement Pills online foolishly giving my Visa Debit Card details. The goods arrived a few days later as I had signed up to a free trial, on 10th Dec 2014, I discovered that the company had taken Debit Card payments of £95.00 and £89.00 on 8th December 2014 from my Account, respectively without my knowledge. I have researched this Company online and discovered from other posts that other Customers like myself have been subject of a 'Scam' which is still ongoing.
I have reported this to the Trading Standards who told me to ring up my Bank which I have done and quote - 'Consumer Contracts Information Cancellation Additional Charges Regulations 2013'
Q- ' Am I able to claim from my Bank the £95.00 and £89.00 under the Visa Charge Back Scheme with the Banks, relating to me being able to recover the payment from my Bank ?' as this Company have not forwarded information in e mail or letter format to me relating to the goods they supplied to me
I hope this makes sense and that you could please give me the correct answer, I understand that is a fairly new Act from 2013 but only came into operation in June this year ?
Thank you very much for your assistance in this matter
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 : To confrm it was a debit and not credit card please?
Customer:

Hi Alex it was a Visa Debit Card

Alex Watts : Sad
Alex Watts : Sadly you can't charge back, that is only for credit cards.
Alex Watts : you do have protection under the cooling off regulations but you will need to claim your money back from the comany direct
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. Can I clarify anything for you about this today please?
Customer:

Thanks very much Alex for your advice at least it clarifies things for me, it was a rather stupid thing for me to do in the first place - lesson learnt,a great service you provide by the way - Thanks again have a good day !

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