Section 75 claim letter assistance needed.

slpj

Correct one doesn't employ people with bad reputations. If you read everything, you would know that I didn't.

Odd. I thought all the people who answered questions on here, were expert in some way, and did not include a variety of people with no more than an ignorant opinion and a loud voice. If this forum were populated only by people with little knowledge and plenty of opinion, it wouldn't last long.

Fortunately the answers I recieved from others have been very helpful. To those I say thanks.

dalesrider

slpj wrote: »

Odd. I thought all the people who answered questions on here, were expert in some way, and did not include a variety of people with no more than an ignorant opinion and a loud voice. If this forum were populated only by people with little knowledge and plenty of opinion, it wouldn't last long.

Fortunately the answers I recieved from others have been very helpful. To those I say thanks.

This forum is no diffrent to any other on the internet. People post all sorts of uncalled for replies, yet if you passed these people in the street and said BOO. They would run a mile. Keyboard and cables = I can be as brave as I like without fear of taking a hit....:rotfl:

There are many who post on here. Who proffer advice that is totally wrong. Which is the reason I started posting.


Section 75 is a minefield and has now degenerated into a claim all back, because I cant be bothered to do some work. Which is why I feel many claims are rejected. To me S75 meeds to be looked at and only be avaiable after someone has exhausted ALL other legal means to reclaim funds. NOT the 1st recourse.

In your instance. Your last post with all the info in. Would be a good basis of your letter to your card provider. Along with the pictures and 2nd opinion.

chattychappy

dalesrider wrote: »

Section 75 [...] has now degenerated into a claim all back, because I cant be bothered to do some work. Which is why I feel many claims are rejected. To me S75 meeds to be looked at and only be avaiable after someone has exhausted ALL other legal means to reclaim funds. NOT the 1st recourse.

Yep. I'd simply repeal it, or certainly dis-apply it from credit cards. It is effectively an insurance policy that we are all forced to pay for. CCs would still be free to offer protection if they wished.

I want to use a CC as a payment card. Get stuff now, pay for it later. I'd prefer to take my chances with the merchants concerned - just as if I had written out a cheque or paid cash. That way I'll get the best deal on credit.

slpj

Thanks dalesrider,

If I could get the tailor to reply, I might have a chance. But he won't reply to me at all. I sent him numerous emails and telephoned him. His response was to telephone the police, and say I was harrassing him. The police told me, I am not allowed to telephone or email him anymore, because that constitutes harrassment. Unbelievable but true.

So I telephoned his shop to ask where to send the recorded letter of formal complaint, and again he telephoned the police. He told the police where I should send the letter, and the police told me, and also told me that now I must use only official channels, such a the cc company or the courts.

I'm waiting for the 14 days since I sent him the recorded letter to elapse now, then either it's S75 or the small claims court. As far as I understand it, the court wants me to try the cc company and s75 before I use the court.

So much for consumer rights.

jonesMUFCforever

Please use a solicitor.

To be honest if police are involved and have told you to back off there has been a lot more going on than you have posted.

My suggestion is to lock this thread - you only listen to people who agree with you - fair enough that is your right, but to be rude to people who do not is uncalled for.
There are no 'experts' on here just people freely giving their time to advise others.
Finish this now - come back when you have a result.

slpj

"To be honest if police are involved and have told you to back off there has been a lot more going on than you have posted."

I haven't been rude at all, whereas Mr(s) Jones, you have. Like I said, people who post in ignorance. If you read and comprehend exactly what I've written, you wouldn't post such ill informed comments. What's been going on, is precisely what I've written.

Why should the thread be locked? Are you the owner of the forum?

meer53

slpj wrote: »

"To be honest if police are involved and have told you to back off there has been a lot more going on than you have posted."

I haven't been rude at all, whereas Mr(s) Jones, you have. Like I said, people who post in ignorance. If you read and comprehend exactly what I've written, you wouldn't post such ill informed comments. What's been going on, is precisely what I've written.

Why should the thread be locked? Are you the owner of the forum?

I'm with jonesMUFCforever. If this tailor is in the wrong, how is it that you're the one who has been told to keep away ?

There is definately more to this story than we've been told. I'd quite like to hear the tailors side.

chattychappy

There is at least one lawyer and two posters that work for credit cards who have contributed to this thread. Not sure what sort of experts you require, but anyone (expert or not) who writes here is doing so in their own time and therefore not in a professional capacity.

It is not "S75 or court". S75 makes the CC liable. Whether you pursue that liability in court or by other means is up to you. I see the following options:

1) Sue the CC
2) Sue the merchant
3) Sue CC + merchant
4) Follow CC complaint process pointing out their liability under S75. (Seems you've done this - though perhaps not exhausted their process.)
5) Goto the FOS, but only after 4)

The FOS is an alternative way of attempting to resolve the dispute. You are still free to go to court afterwards if you lose.

Courts always prefer you to attempt to resolve disputes using other methods if possible. At small claim level (<£5000) they won't generally hold it against you if you didn't.

Rightly or wrongly, the police are involved. I won't get into a debate about the harassment legislation except to say that the police are not judge and jury and the legislation does provide for people pursuing a legitimate issue. There are a number of relevant Acts, each with their own criteria. I would take the pragmatic approach and not deal with this guy directly anymore. Personally I wouldn't even bother with a solicitor's letter either. The harassment allegation would be a very good answer for not affording the guy further chances.

So up to you now. I would probably go for 3) on my list.

jonesMUFCforever

No I don't own the forums but I did make a sensible suggestion.

There is nowhere this thread can go now - you have had your answers use them, ignore them or use a solicitor.

slpj

"There is at least one lawyer and two posters that work for credit cards who have contributed to this thread. Not sure what sort of experts you require, but anyone (expert or not) who writes here is doing so in their own time and therefore not in a professional capacity"

Thank you chattychappy.
I'm extremely grateful for theirs and for your informative and helpful contributions. It's only the background noise from one or two others who seem to be missing the point, and have no useful comments to make, that is cluttering the thread up a little.

It's as I said with the Police. They told me it was a move by the tailor to "create a diversion", as the officer I spoke with described it. He told me he was obliged to follow up a complaint of harrassment, and in a friendly way advised me not to contact the tailor again directly myself, because of the harrassment laws. He advised me to send the recorded letter to all of the tailors address, to ensure he got it. But still it seems unfair that I can be prevented from confronting the tailor directly because of this law. That's beside the point though, and I have no argument with the police who are simply doing their job, and having their time wasted by this tailor.

Thanks for laying out my options. As explained earlier, I'm new to the courts and S75. I just want the simplest solution, and when I read on the main site about S75, even though it seems slightly unfair on the cc company to me, I thought I'd use that means. However, I haven't started any formal means (other than a recorded letter to the tailor) yet.

I only started this thread about s75 to clarify a point about compensation.

I'd much rather the tailor, FADI, contacted me, or allowed me to contact him. However, as with another unhappy ex customer of his (I've recently discovered), he is not willing to act in a professional way. Hence I and the other customer have little choice other than formal action.

By chance, I paid by cc, so that seems a good option to persue, assuming I don't get a reply to my recorded letters.

Thanks again.