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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 809
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have recently had a bit of trouble with a company, I

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I have recently had a bit of trouble with a company, I signed up with them as a working holiday for next year and agreed to pay monthly sums. However after a few weeks I had messages through telling me the company was a scam. I messaged my bank on there online help line and was told to get a new card. After that a payment was taken of £50. So I rang and blocked the company, however since then they kept taking momey even though I’d emailed 4 times to try and cancel. The bank have refunded my money but put it as a dispute. I have now had a message off the company saying I am liable and because of the dispute I now owe the full fee. Am I liable?
Assistant: Where is this? And just to clarify, when was the purchase made?
Customer: I’m not sure where the company is based as I signed up online. I originally only paid a £1 age verification but as soon as the first £50 was taken back in September I rang my bank.
Assistant: What steps have you taken so far?
Customer: At first I messaged and rang my bank who told me to get a new card. And I emailed the company. Then when they took more money I emailed again and rang my bank to block any more payments going through. When money kept going out the bank refunded me but said they had opened it for investigation.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you.

Hello my name is Ross and I can help with this matter.

Customer: replied 7 days ago.
Thank you
Customer: replied 7 days ago.
Where should I go from here?

I will revert to you in the next 10 minutes, thank you for waiting.

If the bank has opened and investigation and refuded you money then it sounds as though they are satisfied that this is a scam. Additionally, it doesn't sound like you are getting anything for you money so they are not providing a service to you for a fee, certainly one you are in receipt of at the moment. Therefore one a few different legal grounds I would advice that you are not liable. I would send them a message back stating that you know it is a scam and if they continue to pursue you then you will pursue legal action. Secondly, contractually if you are not receiving any service for your money then they are not holding up their end of a contractual agreement and you have the right to cancel the "contract" or "agreement". Finally, if this is a scam then you cannot pursue someone or find them liable for any payments when you have defrauded them in the first instance. Therefor I would not agree that you are liable for any such fees.

You will be relying on the laws of the Consumer Rights Act (CRA) in this matter. Firstly, as you are still in warranty then they should be fixing this for you. However, in relation to the CRA, you still have some statutory rights. If an item is no longer suitable for use then you can ask the supplier to repair or replace the item. However, as you have had it for a period of more than 6 months, the onus is one you to prove that the fault lies with the manufacturer. This can prove difficult. However, the first step of action I would recommend would be to contract the manufacturer and state that you have rights under the CRA and ask them to replace the item, additionally, I would continue to argue that you are still within warranty. If you do not get a resolution then you could raise action against them and I would make them very aware of this. However I as I stated above, you will have to show that it is the manufacturer's fault that the mattress is no longer suitable and this can be quite difficult. I would continue to purse that matter till exhaustion and hopefully knowing your rights you will be able to obtain a positive resolution.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Please ignore the latter half of that advice as it is part of a different answer. My advice to you ends where I have said "...I wold not agree that ou are liable for any such fees".

I hope this information has helped.

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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Customer: replied 7 days ago.
Okay thank you.

All the best.