Section 75 - Has it worked for you?

missk_ensington

Well I am one of those more cynical, since it is undeniably clear that since flights are no longer running by Excel, and havent been since summer, that this flight will undoubtedly not go ahead either.

Some arguements I am anticipating from them...

1. My supplier is not officially bankrupt (he has ceased trading officially, namely because him and his wife have just started prison sentences for a £16million fraud operation for setting up a bogus home learning course 1997-2001 - for anyone who is remotely interested, just google 'Michael Smallman Fraud') There is a proposal to strike off the company at Companies House and an investigation under way by Cleveland Police as they suspect his manufacturing companies (that all took money off customers like me, went bust, and re-opened under another name, with a new director) was also highly dodgy.

2. They will ask me to obtain written confirmation that the stock was meant to arrive 21 November (I have emails, and it says on my invoice "final payment due on delivery 21st November 2008) but knowing I cant obtain any additional paperwork because theyre in prison, they're going to ask me to get some.

3. Say that I obtained the credit card whilst in full time work, and at the time of the transaction had left full time employment (to work on business) and therefore, technically shouldnt have had the card as my circumstances had changed.

Hmm thats as many as I can think of at the moment...

YorkshireBoy

missk_ensington wrote: »

I cant go to Ombudsman without a Final Response

You can go to the Ombudsman without a final response, ie if you get no response at all after 8 weeks of raising the complaint/issue with them.

Why not give them a call for some advice in the interim? Maybe give the OFT a ring as well? After all, they may give you some useful information you could pass on/quote to the CC provider should you write to them again. Shows you've done your homework.

TFD_2

missk_ensington wrote: »

Well I am one of those more cynical, since it is undeniably clear that since flights are no longer running by Excel, and havent been since summer, that this flight will undoubtedly not go ahead either.

Some arguements I am anticipating from them...

1. My supplier is not officially bankrupt (he has ceased trading officially, namely because him and his wife have just started prison sentences for a £16million fraud operation for setting up a bogus home learning course 1997-2001 - for anyone who is remotely interested, just google 'Michael Smallman Fraud') There is a proposal to strike off the company at Companies House and an investigation under way by Cleveland Police as they suspect his manufacturing companies (that all took money off customers like me, went bust, and re-opened under another name, with a new director) was also highly dodgy.

2. They will ask me to obtain written confirmation that the stock was meant to arrive 21 November (I have emails, and it says on my invoice "final payment due on delivery 21st November 2008) but knowing I cant obtain any additional paperwork because theyre in prison, they're going to ask me to get some.

3. Say that I obtained the credit card whilst in full time work, and at the time of the transaction had left full time employment (to work on business) and therefore, technically shouldnt have had the card as my circumstances had changed.

Hmm thats as many as I can think of at the moment...

As for point 1 - if the company has ceased trading, shouldn't make any difference whether they're still showing as an active company - if they aren't going to supply the goods you have paid for, then the contract has been breached.

Point 2 - if any company has ceased trading, you wouldn't be able to get additional paperwork often - can't see this being a problem.

Point 3 - irrelevant to the claim, and if you gave all correct employment information when you applied for the card, shouldn't be a problem - I don't believe you're obliged to keep credit card issuers updated with your current financial / employment situation unless they specifically ask you?

missk_ensington

Yorkshire boy, whos the OFT??

TFD - thank you, Ive been wondering for a while if youre obliged somwhere in the small print to update lenders on a change in circumstances, and havent been able to find the answer.

Thank you both of you - Id thank you 10 times but I cant - very helpful! xx

YorkshireBoy

http://www.oft.gov.uk/

YorkshireBoy

missk_ensington wrote: »

Ive been wondering for a while if youre obliged somwhere in the small print to update lenders on a change in circumstances, and havent been able to find the answer.

I've just checked the Capital One online T&C's and couldn't find anything stipulated there. However, I do know that some providers have it written into their T&C's.

missk_ensington

Hi thanks for everyone that has helped me on this, I had a call today from Capital One, they are re-crediting my card with the full amount at midnight tonight! I couldnt believe it, no quibbling, no Ombudsman, just paying it to me straight back! So I completely take back what I said about lenders trying to get out of paying, as Im getting my money within a month of sending the claim - very pleased with the service received.

Thanks everyone xxx