Claim on credit card for wedding dress refund after shop goes bust

mc33033

jem16 wrote: »

Just one question - the order form (which Nationwide asked for a copy of) shows the wedding date but no agreed delivery date. This is obviously where cc company is trying it on.

Does this matter?

That's fine jem, don't worry about it. Just use whatever verbal date was agreed with capri skies - clearly in the likes of this kind of contract the dress is delivered prior to this for final fitting/trial runs etc.

Speak with a manager at the CC company who understands S75, and make it clear you are holding them liable for the breach of contract and damages flowing directly from it unless the refund is on the card within X amount of days.

If they do no play ball put it all in a letter via recorded delivery to them so you can use it later if you have to put your case via small claims track.

I just read capri skies website btw. I'm glad I did - isn't it a different story from what was reported in the papers on the days around when they closed the shop. Can't believe she didn't run it as a ltd co, poor woman if it is true what is on there.

jem16

mc33033 wrote: »

Speak with a manager at the CC company who understands S75, and make it clear you are holding them liable for the breach of contract and damages flowing directly from it unless the refund is on the card within X amount of days.

I might get my son to phone before writing. I am in the middle of composing a letter.

I just read capri skies website btw. I'm glad I did - isn't it a different story from what was reported in the papers on the days around when they closed the shop. Can't believe she didn't run it as a ltd co, poor woman if it is true what is on there.

I'm not entirely sure I believe that story to be honest. Read this - especially the quotes from crowmonkey and hanoi.

http://www.youandyourwedding.co.uk/chatroom/topic/207858

I had this email reply from the owner today. Should I include it in any letter?

Hi there,

I can indeed confirm that administrators are coming in this week. They will be intouch with all our creditors. This email may be sufficient but if not it is my understanding that all customers will be sent letters confirming the fact that we are no longer in business. I am glad your dress has been ordered and that this will hopefully mean no delays in getting it to you, even if it is delivered to another outlet. Venus will let you know the best outlet for you.

Hope this helps and i am very sorry for any inconvenience,

mc33033

jem16 wrote: »

I'm not entirely sure I believe that story to be honest. Read this - especially the quotes from crowmonkey and hanoi.

Hmm yes appears they have been caught out on that occasion for sure. No excuses for them there. I think the fact that they weren't operating as a ltd co pushes me towards believing lack of competance rather than scammers. Soon see if they are both bankrupted though. Horrible situation to be in for all though, if they are bankrupted their accounts will be gone through with a fine tooth comb to see where the money came from and went to.

jem16 wrote: »

I had this email reply from the owner today. Should I include it in any letter?

I'd probably wait till the administrators gave me the official confirmation - so the dress has been ordered, are you having to pay for it again, if so is it costing more?

jem16

mc33033 wrote: »

I'd probably wait till the administrators gave me the official confirmation

As I said I am doubtful that this will happen. Administrators can only be appointed where it is a limited company. Capri Skies were not trading as a limited company.

- so the dress has been ordered, are you having to pay for it again, if so is it costing more?

The dress is now apparently with a local bridal shop. Yes we will have to pay again. As to cost we have been given an indication that it will be less than the original price but don't have this confirmed as yet.

mc33033

jem16 wrote: »

As I said I am doubtful that this will happen. Administrators can only be appointed where it is a limited company. Capri Skies were not trading as a limited company.

No, while the "company" is not in administration due to the reasons above I would understand her statement to mean that she has a licensed insolvency practitioner going over the paperwork so it will be someone qualified writing to you, what they give you should be fine for CC company.

jem16

Just to update.

The camerons have emailed me to categorically state that they can neither supply the dress nor refund the money. They have also put an updated statement on their website to say that she had been ill advised re administrators. She confirms that she can't as she is a sole trader and will be made bankrupt within 60 days.

Meanwhile we have another reply from nationwide who say that they now want written proof from the manufacturer/maker of the dress (Venus Bridal) that they have not been paid by capri skies. Once we provide this they will then be in a position to recover our money.

I really don't see why we have to prove this. Our contract is with capri skies who have closed down. We have provided 3 newspaper reports and one report from trading standards to prove this. It's nothing to do with us whether or not venus bridal have been paid by capri skies.

It looks like the disputes & chargeback team at nationwide still don't understand what section 75 is all about even though I made it quite clear what we were claiming under.

What next?

maggie111

Makes sense to me, Capri ordered your dress through Venus. Capri goes bankrupt, your dress is then delivered to a local bridal shop, you try and get cash back from CC. I can see where the credit card company want proof - it's not enough to see that Capri is going bankrupt, but want it clear that you're not on the fiddle or that the local bridal shop isn't... (who have received stock they have not paid for?)

isplumm

jem16 wrote: »

Just to update.

The camerons have emailed me to categorically state that they can neither supply the dress nor refund the money. They have also put an updated statement on their website to say that she had been ill advised re administrators. She confirms that she can't as she is a sole trader and will be made bankrupt within 60 days.

Meanwhile we have another reply from nationwide who say that they now want written proof from the manufacturer/maker of the dress (Venus Bridal) that they have not been paid by capri skies. Once we provide this they will then be in a position to recover our money.

I really don't see why we have to prove this. Our contract is with capri skies who have closed down. We have provided 3 newspaper reports and one report from trading standards to prove this. It's nothing to do with us whether or not venus bridal have been paid by capri skies.

It looks like the disputes & chargeback team at nationwide still don't understand what section 75 is all about even though I made it quite clear what we were claiming under.

What next?

Because I assume that if the dress HAS been paid for, then the shop that has it now shouldn't need any money for dress, as the original dress shop paid for it. In other words they want to stop you taking the money, paying the new dress shop, who haven't actually paid for it!!

I assume that in reality, the old dress shop never paid for it ... so the new dress shop will need paying by you.

Mark

jem16

maggie111 wrote: »

I can see where the credit card company want proof - it's not enough to see that Capri is going bankrupt,

Actually it is enough.

Under section 75 of the CCA 1974 I am entitled to a full refund as Capri Skies have breached their contract by not supplying the dress as promised.

It is a legal right.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

isplumm

jem16 wrote: »

Actually it is enough.

Under section 75 of the CCA 1974 I am entitled to a full refund as Capri Skies have breached their contract by not supplying the dress as promised.

It is a legal right.

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

But for all the bank know the other dress shop may just give you the dress ... cause the original one paid for it .... so you would end up getting the dress for nothing! Or the shop gets the dress for nothing ....

I don't disagree that you are entitled to your money back .... but as you have stated, your dress is now with another shop, so the manufacturer has made sure that you get your dress.

You paid the retailer (who went bust) ... if that retailer paid the manufacturer, then you shouldn't be entitled to a refund ... BUT also the new bride shop shouldn't be entitled to any money from you.

I am assuming that in reality you paid the retailer, who never paid the manufacturer ... so for you to get the dress, you need to pay the new store ....

Mark