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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9683
Experience:  I have been practising for 30 years.
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We recently got married and ordered and paid in full for a

Customer Question

We recently got married and ordered and paid in full for a cake but it didn't turn up and we found out the company went bankrupt can we get our money back? We paid by debit card
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

Have you taken this issue up with the bank at all?

Customer: replied 1 year ago.
No you are the first port of call. As I paid with debit card I thought I wouldn't have as much clout as I would with a credit card.
Expert:  F E Smith replied 1 year ago.

If you had paid by credit card, you could have filed a section 75 claim and got all the money back provided the cake was over £100. It would not make any difference that the company had gone bust. With the bank debit card, if you don’t receive the goods of any value, the bank can do a “chargeback” which basically takes the money from the suppliers account. However if the supplier has no money in the account as would be the case if the company had gone into liquidation, then the bank cannot do that. However, by all means ask them to do a chargeback on the basis that you didn’t receive the goods because you never know whether there is a small amount of money lurking around.

Can I clarify anything for you? Please rate the service positive so that I get paid. We can still exchange emails. Best wishes. FES.

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Customer: replied 1 year ago.
hi, Ive contacted my bank and they are investigating a chargeback, however I've just found out the company have various sister companies which they advertise and still trade, any advise on what to do yet? By the way, I found out through companies house that the company sky cakes Ltd who I purchased the cake from are not in liquidation and are in fact still trading??? Many Thanks