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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I HAVE RECENTLY RETIRED AS A RETAILER AND HAVE HAD TO TERMINATE

Customer Question

I HAVE RECENTLY RETIRED AS A RETAILER AND HAVE HAD TO TERMINATE ACONTRACT SUPPLY AND RENTAL OF A CARD TRANSACTION MACHINE. I HAVE PAID THEIR DEMANDED AMOUNT BUT DISPUTE THEIR METHOD OF SECURING AGREEMENT BECAUSE I NEVER SIGNED ANY AGREEMENT.THEY SENT ME PROOF OF MY SIGNATURE WHICH THEYRCHANTR CLAIM IS AN E-SIGNATURE BUT CANNOT SUPPLY PROOF AND SAY THAT THEY THAT THEY ARE NOT REQUIRED TO KEEP SUCH INFORMATION.THE "SIGNATURE" THEY HAVE USED WAS OBTAINED BY TAKING A PHOTOGRAPH OF THAT ON THE STUB OF THE BANKING PAY IN BOOK WHICH WAS USED DETAILS TO ENABLE DIRECT DEBITS.I HAVE REACHED AN IMPASSE WITH COMPANY,RETAIL MERCHANT SERVICES AND WANT TO PURSUE WHAT I THINK IS FRAUDULENT USE OF MY SIGNATURE.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

please let me know what is being demanded from you and why you oppose it?

JACUSTOMER-v13tj0h7- :

I have paid £369 approx. and complied with all demands but this was paid under duress and now Iwant to pursue fraudulent use of my signature.

Alex Watts :

You want to get the £369 back?

JACUSTOMER-v13tj0h7- :

if possible plus costs

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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .

Alex Watts :

Can I clarify anything about this today please?

JACUSTOMER-v13tj0h7- :

The company have already said that they have investigated my complaint and cannot find anything in my favour so what is the point. Dose your procedure apply in Scots Law.

Alex Watts :

It would still be a small claim and process but the forms are slightly different:

Alex Watts :

http://www.scotcourts.gov.uk/taking-action/small-claims

Alex Watts :

You would complete form 1b

Alex Watts :

But the process is the same

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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