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  • FIRST POST
    • lon2017
    • By lon2017 13th Jul 17, 10:30 AM
    • 3Posts
    • 0Thanks
    lon2017
    Act 75
    • #1
    • 13th Jul 17, 10:30 AM
    Act 75 13th Jul 17 at 10:30 AM
    Hi All
    Can one request a Deadlock Letter from a Credit Card Company when apparently they are sitting in your request to not to pay a rip off company?
    Thank you in advance
Page 1
    • zx81
    • By zx81 13th Jul 17, 10:58 AM
    • 12,497 Posts
    • 12,661 Thanks
    zx81
    • #2
    • 13th Jul 17, 10:58 AM
    • #2
    • 13th Jul 17, 10:58 AM
    Can you clarify what you mean?

    Are you referring to section 75? That kicks in once payment is made and relates to supply of goods or service.
    • eskbanker
    • By eskbanker 13th Jul 17, 11:27 AM
    • 5,007 Posts
    • 4,758 Thanks
    eskbanker
    • #3
    • 13th Jul 17, 11:27 AM
    • #3
    • 13th Jul 17, 11:27 AM
    I read it that OP has submitted a s75 claim to their card company and is unhappy at lack of progress.

    In these circumstances I don't believe there is a timescale to resolve, since the process inherently involves at least one third party beyond their control, but if it's dragged on for many months without any signs of action then you could try submitting a formal complaint about their handling of the s75 claim. As this is a different process they are obliged to address it within 8 weeks or issue the deadlock letter, after which you can escalate to FOS if necessary....
    • pooch
    • By pooch 13th Jul 17, 11:55 AM
    • 709 Posts
    • 341 Thanks
    pooch
    • #4
    • 13th Jul 17, 11:55 AM
    • #4
    • 13th Jul 17, 11:55 AM
    Hi All
    Can one request a Deadlock Letter from a Credit Card Company when apparently they are sitting in your request to not to pay a rip off company?
    Thank you in advance
    Originally posted by Valtair
    You can request a deadlock letter.
    Whether or not the service provider agrees to provide one is entirely up to them.

    Deadlock letters are issued following a complaint to allow a customer to ask the ombudsman service to look into the matter prior to the normal 8 weeks having elasped

    Reasons for a service provider issuing a deadlock letter include:

    you [i.e. the service provider] feel you have done everything you can to help the customer;

    you are unwilling or unable to give the customer what they are requesting, for example a product, service or financial award;

    you feel there isn’t reasonable cause for complaint, for example the customer is unhappy with something covered in their terms and conditions; or

    the customer is highly persistent; neither you or the customer is willing to change their position and this is impacting on your resources.
    https://www.ombudsman-services.org/docs/default-source/website-content/edit-pc-pack-explaining-deadlock.pdf

    Where a deadlock letter is issued, it should include wording along the lines of
    We have done all that we reasonably can to resolve your complaint and this is our final response.
    Note: Issuing a deadlock letter doesn’t mean that the Ombudsman Service will automatically accept a complaint; they still check thoroughly
    that the complaint fits within their terms of reference
    Last edited by pooch; 13-07-2017 at 12:01 PM.
    • lon2017
    • By lon2017 15th Jul 17, 9:54 AM
    • 3 Posts
    • 0 Thanks
    lon2017
    • #5
    • 15th Jul 17, 9:54 AM
    New questions
    • #5
    • 15th Jul 17, 9:54 AM
    Thanks very much for your input
    Question now is:
    1-How to make the formal complain? Is it writing a letter explaining my unhappiness with the progress.
    2-Can I say that if this is not sorted within 8 weeks I will request a deadlock letter? As I know I should try to be very polite and calm.
    3-In my statement it shows that I should pay at least the minimu in a few days time. Do I have to pay them? Even though you are on S75?
    • meer53
    • By meer53 15th Jul 17, 9:59 AM
    • 8,772 Posts
    • 12,742 Thanks
    meer53
    • #6
    • 15th Jul 17, 9:59 AM
    • #6
    • 15th Jul 17, 9:59 AM
    Write or phone them.
    Once you have made a formal complaint, if they don't respond (that doesnt mean it has to be resolved) in 8 weeks you can go to the FOS
    Not paying the minimum will result in a default, Section 75 claims dont remove the need for contractual payments.
    • IAmWales
    • By IAmWales 15th Jul 17, 10:42 AM
    • 933 Posts
    • 2,046 Thanks
    IAmWales
    • #7
    • 15th Jul 17, 10:42 AM
    • #7
    • 15th Jul 17, 10:42 AM
    It would be helpful if you told us exactly what the problem is. In what way is the company ripping you off, are they doing something unlawful?
    • chattychappy
    • By chattychappy 15th Jul 17, 12:43 PM
    • 6,194 Posts
    • 3,232 Thanks
    chattychappy
    • #8
    • 15th Jul 17, 12:43 PM
    • #8
    • 15th Jul 17, 12:43 PM
    Not paying the minimum will result in a default, Section 75 claims dont remove the need for contractual payments.
    Originally posted by meer53
    Good advice and important to understand.

    The original amount is still due. If, ultimately, your claim is successful, you might be due a payment back. This isn't a "refund", it is a payment back. It might be the same amount as the original transaction, more or less. In most cases you wouldn't be entitled to any interest back except at the "statutory" rate (which is very little).

    So if you don't pay the minimum you risk your card being blocked, your rating damaged and late payment fees applied. If you usually pay off the full balance each month, then continue to do this to save the interest.
    • lon2017
    • By lon2017 18th Jul 17, 11:09 AM
    • 3 Posts
    • 0 Thanks
    lon2017
    • #9
    • 18th Jul 17, 11:09 AM
    Payment
    • #9
    • 18th Jul 17, 11:09 AM
    Please note that this is what is stated on the letter I received from the Credit Card Company:
    The Transation will show as "Dispute Ammount" on your next statement. This means the transation will not accrue any interst or require payment until the dispute is resolved. Credit Card promised to clear it by at certain date, them moved 2 weeks ahead and now they want payment to be made!
    Where do I stand on it?
    • eskbanker
    • By eskbanker 18th Jul 17, 11:47 AM
    • 5,007 Posts
    • 4,758 Thanks
    eskbanker
    Please note that this is what is stated on the letter I received from the Credit Card Company:
    The Transation will show as "Dispute Ammount" on your next statement. This means the transation will not accrue any interst or require payment until the dispute is resolved. Credit Card promised to clear it by at certain date, them moved 2 weeks ahead and now they want payment to be made!
    Where do I stand on it?
    Originally posted by lon2017
    What does "Credit Card promised to clear it by at certain date" actually mean, did they commit to a specific resolution date? In what way are they now demanding payment in apparent contravention of their earlier letter?

    It may be possible for people on here to offer advice if you give a bit more detail but chances are your best bet will be to phone the card company and seek clarification from them about the status of the disputed transaction and whether they're expecting payment for it.
    • chattychappy
    • By chattychappy 19th Jul 17, 8:17 AM
    • 6,194 Posts
    • 3,232 Thanks
    chattychappy
    Seems to me that this isn't a disputed amount in the true sense.

    A disputed amount would be where you didn't authorise the transaction. In the case of unauthorised transactions, CCs must "suspend" the amount whilst it's investigated.

    But where you authorised the transaction but then have a problem with the merchant, you are in the hands of chargeback or S75.

    OP you really should give more detail about what happened.
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