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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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We are a limited company that sells motorcycles. A customer

Resolved Question:

We are a limited company that sells motorcycles. A customer collected a motorcycle from use paying £5500 on his Visa debit card. He then said the goods were faulty and implemented a charge back, which he received. We missed the first letter from Worldpay, so by the time we where aware of the chargeback, the money had been removed from our account, and we had passed the 14 days to protest against the chargeback. By now the buyer had put the motorcycle into storage at a cost of £1185.00 (of today's date) and we have to go and get it. Worldpay tell us that he should not have received a refund while he still has the motorcycle, as under the Visa rules he must return the goods at his cost before a refund. We have no alternative but to pay the storage and collect the motorcycle. He will say no one at Visa told him he had to return the goods. Our question is, can we sue him in the small claims court for the £1185.00 storage charge and the cost of driving to and from the storage yard, which is around 350 miles?
Thanking you in anticipation.
Regards
Will Dawkins
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

So he has the bike and the money back?

Customer: replied 1 year ago.
Hi Jamie Yes he had a full refund, and then told us he lost his storage place, so put it into storage at £15 per day. He did this the first week in July, around 2 weeks after he received his refund. But Visa tell me he should have returned it at his cost, but I'm pretty sure Visa never told him. He did collect the motorcycle when he bought it. Regards Will
Expert:  Jamie-Law replied 1 year 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 1 year ago.
Fine, but who should I write to to request a refund? Nigel Cox, the buyer who put the bike into storage maybe or are you talking about Worldpay who handle our card transactions! If so, they say we are out of time, as we had 14 days to contest it, and we missed this deadline.
Expert:  Jamie-Law replied 1 year ago.

You could do both and sue both if you want. Try it!

Customer: replied 1 year ago.
I don't have time to 'try' things. Sueing VISA would be difficult, as they would have top in house lawyers, and tons of terms and conditions etc, the buyer would be much easier! But my original question was this. Under the VISA Chargeback, is it his responsibility to return the goods at his cost
Expert:  Jamie-Law replied 1 year ago.

Doesnt matter, its a small claim. Just add them as a second defendant to the claim.

Yes to return at his cost.

Does that clarify?

Customer: replied 1 year ago.
that is what we thought, he must return it at his cost. With collection of it at 324 miles, storage charge, and vehicle value drop from May to October, we are nearly £2000 out of pocket. Thanks for your help.
Expert:  Jamie-Law replied 1 year ago.

If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

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