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Customer Credit Act

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Hi,
In Feb I bought goods with a company that did not fulfill the order due to bankruptcy.
I payed with a Capital One card the sum of £125 & £25 for two orders.
Being a moron I have yet to put in a claim with Capital. Am I too late? :/
I cannot find the time factor involved in claiming from your credit card company.
I could also do with an example letter & advice on the procedure.

Sincere thanks.

Comments

  • Jen_Jen_5
    Jen_Jen_5 Posts: 174 Forumite
    each cc company is likely to have a different procedure phone them and they are likely to have a standard form you complete (bcard do).

    I wouldnt worry about wording letters etc until there is a problem, phone your CC and explain the problem.
  • Reaper
    Reaper Posts: 7,353 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    It's taken you nearly a year?! Fortunately you have 6 years to make a claim. Your first step is to phone Capital One and they will tell you what to do. If they get difficult then write a letter with the following on it:

    * Heading "Claim under S75 of the Consumer Credit Act 1974"
    * A statement of what you bought, where and when, with a copy of the purchase agreement/order.
    * Details of all payments made with copies of supporting evidence.
    * A statement that you cannot obtain the goods causing a breach of contract.
    * A request that the card company refund the whole amount paid.

    Note that they only have to cover you for amounts over £100, although in practice you may find they will cover smaller amounts too.
  • amity
    amity Posts: 29 Forumite
    Thanks ppl.
    Excellent Reaper, that is good news & exactly what I wanted to know.
    Are they likely to make a deal of the fact that I did not contact them earlier do you think?
  • Reaper
    Reaper Posts: 7,353 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Dunno. Probably winge a bit, go and speak to a supervisor etc, but they'll be ok in the end.

    You can always frighten them by quoting the "Statue of Limitations". If it's really worrying you then have a read of this pdf. On page 26 read paragraph 3.1
  • DesG
    DesG Posts: 1,291 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I had a problem with a non-delivered purchase I made from the USA.

    I phoned Cahoot, and they wouldn't entertain any chargeback, as the transaction was over two months old, ( I explained that the goods were being sent by surface mail, and wouldn't get here in that time frame, but they didn't care.)

    I know it is a US transaction, but I think I'll approach them in writing this time, and see how I get on.

    Thanks for the info Reaper.

    Cheers, Des.
  • MarkyMarkD
    MarkyMarkD Posts: 9,912 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You can't threaten them with CCA if it's a US transaction, so I'm not sure how this thread helped you really or encouraged you to have another go at Capital One. ???
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