Merchant's breach of the card scheme rules

daryus

Please recall, "13. My bank then told me they would fix the problem and they dictated the letter to me which I sent to them by recorded delivery."

Alex_LS

13 is irrelevant. 10 & 11 are the important points. 10, you should have responded. 11, your bank had no business telling you to ignore it.

daryus

Yes, it appears that the clerk mis-advised me and then covered his tracks.
I find it unbelievable that the bank have no record of this letter.
I thought that all correspondence was microfiched by banks.
Do banks keep a log of all of the recorded/special delivery correspondence?

kungfuzulu

I believe your bank has a duty of care in common law not to give poor advise or recommendations. If you have evidence of them advising you to ignore the summons, not turn up at court and such like then you may have a case for suing the bank for advising you incorrectly. If you don't have evidence then you don't have a case.

I think you should visit your local Citizens' Advice Bureau and seek if they can point you in the direction of a good lawyer / solution.

daryus

Don't worry, I've found what I was looking for; Regulation 21, Distance Selling Regulations (DSRs) :rotfl:

noh

daryus wrote: »

Don't worry, I've found what I was looking for; Regulation 21, Distance Selling Regulations (DSRs) :rotfl:

How does that help you?
the bank and merchant have complied with section 21 the money was refunded to your card account.

RobertoMoir

I'm not even sure why you're discussing it on here - what do you expect to achieve?

You need to be discussing your legal options with a solicitor. The question is why have you already lost the court cases you mention - is your case weak in some way or are you saying your legal team made mistakes?

daryus

My understanding of this is that, in line with the card scheme rules, "it is for the card issuer to prove that the use was so authorised". The card issuer, my bank, accepted that I never authorised it and refunded me 8 days after the fraud was committed.
The regulations do not state that I have to prove anything to the merchant!
The card schemes have the chargeback process in which the merchant can challenge the chargeback. Following my instructions, my bank retrieved my money back from the merchant via the chargeback process.
I have a contract with my bank and the merchant has a contract with theirs. I have never initiated a contract with the merchant. My guess is that, because I have a contract with my bank, my bank would have to prove that I actually initiated a contract between myself and the merchant using their credit card.

view

Well TBH I feel sorry for you - crazy that you have had to go through so much for something that was not your fault, I would be dying from all the stress of it!

daryus

RobertoMoir,
This has been going on now for over 5 years. Hopefully, by the end of this thread, I can help others to avoid going through similar distress.
Both mine and my opponents legal teams have made "mistakes" which I will be addressing this week.