Section 75 claim letter assistance needed.

magpiecottage

Section 1(!) of the Protection from Harassment Act 1997 says:

"A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other."

But subsection (3) says:

"Subsection (1) does not apply to a course of conduct if the person who pursued it shows—
(a)that it was pursued for the purpose of preventing or detecting crime,
(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable."

So your defence is that it was reasonable.

You do not need to send the letters by recorded delivery. Proof of posting (free from the Post Office) will do.

However, I think you will do better just to go straight to the card provider because Fadi Limited seems to have debts of over £250,000 and no means of meeting them.

Furthermore, Mr Fadi Dabagh set up Riverside Tailors Ltd in May of this year and The Village Tailors Ltd in September. That suggests he is looking to phoenix his business - i.e. close it down and leave his debts behind.

slpj

Thanks for that magpiecottage.

I thought it was a bit illogical, let alone unfair that I could be prevented from complaining directly to FADI, because of harassment laws. However, as the police officer explained to me, it is a matter of interpretation. FADI essentially complained that I was stalking him, by bombarding his email addresses with my complaint letter. I sent it about 30 times to all of his published email addresses, in attempt to make him respond to me. He told the police I sent about 600 emails to him, actually it was nearer 100, all the same content, about my complaint to him. I also telephoned 6/7 times. He has never answered any of the emails, or spoken with me on the telephone (he instructs his employees -who are very pleasant ) to tell me not to phone again.

But it's a fruitless distraction anyway. There is nothing to be gained by my contacting him, and he still hasn't answered my recorded letter (4 days to go out of the 14). I'm quite sure he won't either. His other ex customer, can't even get his jacket back without making an additional payment to FADI it seems, and he is now going to court about that.

So it'll be court or the cc company/s75 for me too I think.

As regards all the information you've posted. I knew about the other addresses, but not about how recently they had been set up.

I was led to believe by FADI, that the business was some 20 years old (that's what his website says too), started by his father (now passed away) and continued by his son, Fadi.

If what you say is correct about the debt, and his intentions, then my hopes and the other customers, look a little slim.

I'd better get a move on, it seems.

Thanks again.

slpj

I've put in my S75 Claim to Nationwide, and they have replied telling me that their investigations, both internally and with the merchant involved,

" -- can warrant a considerable amount of time".

How long should I reasonably wait, before expecting some kind of a result? 3 months, 6 months, 12 months?

Can anyone tell me if there is a time limit on how long a S75 claim should be allowed to take? Are there any deadlines in the legislation that cc companies have to follow?

Thanks in advance.

dalesrider

Can take a long time...

They will now be trying to contact and resolve with the retailer. Given what you have said about him. Then that could be fun....

Not sure on any timescales. But given its a S75 claim. The debits will be frozen, so no interest will be payable on the amounts untill its resolved.

meer53

The retailer will now be asked for his side of the story. It all depends on how long he takes to respond, if at all. Be prepared for a lengthy wait.

daz378

when i bought a computer from mesh ...who went into liquidation , halifax sorted it in a few weeks......under section 75 but thats straightforward case

chattychappy

slpj wrote: »

How long should I reasonably wait, before expecting some kind of a result? 3 months, 6 months, 12 months?

Finger in the air stuff. But I'd send them a letter saying you'll give them a month to settle and that this should be ample. The merchant and the CC are jointly liable. It really should only take a few days to sort things out with each other if they both act reasonably. You should not suffer because their communications are poor, but because you are reasonable, you'll give them a month! Remind them of when you originally went into the shop. Remember, an ulterior purpose of this kind of letter is to make you look as pure as the driven snow if this ends up in court and/or with the FOS. Ie you gave them every chance.

slpj wrote: »

Can anyone tell me if there is a time limit on how long a S75 claim should be allowed to take? Are there any deadlines in the legislation that cc companies have to follow?

From the point of view of the law, S75 makes the CC jointly liable for breach of contract/misrepresentation. You get 6 years from breach to sue them. They (ie both of them) must perform the contract according to what was originally agreed, expressly or by implication. That may, or may not involve a timescale.

The CC might treat it as a "S75 claim", but from a legal point of view there is no such thing. S75 doesn't create a special procedure with its own rules/deadlines. It just puts the CC into the same shoes as the merchant. So the answer to the question is: whatever contractual rights you have against the merchant, you have against the CC.

dalesrider

daz378 wrote: »

when i bought a computer from mesh ...who went into liquidation , halifax sorted it in a few weeks......under section 75 but thats straightforward case

I doubt that they treated that as S75 as there is a chargeback for non reciept of goods when a retailer folds.
Which would see you refunded in days and the retailer 60 days to contest.