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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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Jamie, you helped me yesterday with a question relating to

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Hi Jamie, you helped me yesterday with a question relating to an Airbnb style letting relating to Homeaway. We have had communication with the payment processor (which I've set out below), and as you can see it is complicated. The payment processor is indicating we are liable full stop. Anything we can or should do?Thanks,James"Dear Kate Geddes,We understand your frustration arising from the fraud case and the chargeback filed against you.YapStone is only one party out of four parties to your vacation rental transactions. YapStone is the electronic payment processor. We only transfer money between the guest, HomeAway and the home owner and as such, we can only speak to our portion of the transaction. We have fraud monitoring tools to assist, but obviously these are not fool proof.
Airbnb is a different company and has therefore different processes.In regards ***** ***** taking legal advice please find our terms and conditions, which you accepted when you decided to accept online payments:
Yapstone is a partner who provides to the homeowners the possibility to accept Credit Card payment if the Homeowner accepts the terms and conditions of Yapstone (http://www.yapstone.com/terms-of-use/en/).Please notice that if you want to continue this chargeback dispute, we need your decision and the payment of the fees upfront by 12.09.2016.
However we do not advice to continue the chargeback dispute as the issuing bank confirmed that the credit card holder did not authorize or participate in the transaction.
Furthermore, the Card Association will be provided the same documentation and will very likely come to same conclusion.Kindest regards,Cornelia
Chargeback Specialist
YapStone
............................................................................................................YAPSTONE - POWERING PAYMENTS™Forbes 100 Most Promising Companies - 2015Inc.5000 Fastest Growing Private Companies - 9 Consecutive Yearskate
Sep 9, 4:47 AM PDT
Dear CorneliaThank you for your email.We have taken legal advice and have been advised that we have a claim against HomeAway under the Consumer Rights Act 2015 or Sale and Supply of Goods and Services Act 1982, as you have failed to act with all reasonable skill and care in this matter. We have also been advised that it is reasonable for hosts to assume that HomeAway would vet potential guests as Airbnb do, since you do not make it clear on your site that you do not. Following this advice, we shall not be returning the payment contested below, nor shall we pay any fees or costs or other sums to HomeAway or anyone else in connection with this matter. Should we incur any additional costs ourselves, we shall seek reimbursement from yourselves, together with all costs incurred to date (including the costs of clearing and cleaning our property after it was ransacked as a result of this HomeAway booking).Yours sincerely,Kate Geddes"
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

Thanks for asking for me.

Just to be clear its your payment processor asking for it back rather than Homeaway?

Customer: replied 4 months ago.
It appears to be yes - but when you say "your" payment processor, please note we have been unaware up until now that they are different from Homeaway. The detailed Homeaway terms and conditions will presumably make this clear, but its not clear on the site itself.
Customer: replied 4 months ago.
My worry is that the payment processor force us to repay the money and then we have to go into battle with Homeaway ... which I'm sure would be very difficult in practice
Expert:  Jamie-Law replied 4 months ago.

Ok - then if the processor takes payment I would issue proceedings against Homeaway on the basis we have previously discussed.

Homeaway should have told you they were using a processor.

Does that clarify?

Customer: replied 4 months ago.
How do we issue proceedings against Homeaway?
Expert:  Jamie-Law replied 4 months ago.

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.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.

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 for trial.

Can I clarify anything for you about this today please?

Customer: replied 4 months ago.
Do you think it is worthwhile in this case (where they will use their terms and conditions as their defence)?
Expert:  Jamie-Law replied 4 months ago.

Yes I think you could argue that the terms are unfair.

Does that clarify?

Customer: replied 4 months ago.
ok thanks
Expert:  Jamie-Law replied 4 months ago.

If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 1691
Experience: Solicitor
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