Visa debit card - section 75???

meer53

How far into your overdraft did the transaction take you ?

jonesMUFCforever

Won't the OP have to send the goods back first by a tracked method and ask for a refund?

bris

Do people still fall for these scams? Greed can easily depart a fool from his money true enough.

meer53

jonesMUFCforever wrote: »

Won't the OP have to send the goods back first by a tracked method and ask for a refund?

Yes, if they're going down the chargeback route.

marjesoutar

bris wrote: »

Do people still fall for these scams? Greed can easily depart a fool from his money true enough.

I was self employed and the trip meant no earnings whilst I was away, so I was trying to recoup some money. I wouldn't call it greed. Regardless, totally unhelpful comment, no need for it!

marjesoutar

chattychappy wrote: »

You could phone first along the lines you suggest. No doubt you will be fobbed off. There are plenty of templates hanging around, but if you initially fail then I would write along the lines below:

1) I purchased XXX for XXX using your debit card number XXX.
2) I purchased from XXX and was told at the time of purchase that the product was XXX.
3) Later I discovered XXX about the goods. What the merchant had told me was not true. There had been a mispresentation and this induced me into purchasing the goods.
4) The transaction put me into/increased my overdraft. As such the debit card used was a credit token within the meaning of the Consumer Credit Act 1974 ("the Act").
5) Under the S75 of the Act, you are jointly and severally liable for the transaction and therefore I look forward to a full refund forthwith.
6) Should I not receive a refund within XXX days, then I shall issue a claim in the county court and seek to recover my costs in the matter.

Bear in mind:
a) At the very least the CC will demand evidence/expert reports etc to establish your case. This is a standard practice and no doubt many give up at this point.
b) If the CC don't accept your case you can go to the FOS or sue in the county court.
c) If you sue in the county court (and the CC defends), it will be up to the court to decide what kind of evidence/reports are reasonable to produce (not the CC) and for a judge to decide "on the balance of probabilities" what is likely to have happened.

Thanks so much for that really helpful template. I have sent the bank an email but will use that to post a proper letter in writing and see where it goes, if, as you say, I do have recourse, I won't be fobbed off.

Really, thank you all so much for your advice, I didn't think I would have any hope but at least there is a glimmer now, I shall get onto it! :T

meer53

marjesoutar wrote: »

Thanks so much for that really helpful template. I have sent the bank an email but will use that to post a proper letter in writing and see where it goes, if, as you say, I do have recourse, I won't be fobbed off.

Really, thank you all so much for your advice, I didn't think I would have any hope but at least there is a glimmer now, I shall get onto it! :T

You'll still need either proof the goods are not as described, or evidence of a breach of contract. Without either of these there's nothing the bank can do.

chattychappy

meer53 wrote: »

You'll still need either proof the goods are not as described, or evidence of a breach of contract. Without either of these there's nothing the bank can do.

(my emphasis)

Well, they could... but as I think you mean, nothing they will do. If it went to court and the OP is credible as a witness and has anything to support his/her story then in the absence of anything contradictory from the CC, the judge is likely to favour the OP. I've done some small claims stuff for some friends recently and have been struck at how practical judges are. Ask a couple of questions about what happened and see if the story makes sense. They don't like to find people are fibbing. Hard to see what the CC would put up - there would be two equal parties before the judge. One with direct knowledge and memory of the transaction and the CC which would likely only have some transaction records and no witnesses. I'm guessing the CC would settle long before it went to court. BUT, until the claim form is issued (ie somebody sues), the CC is free to demand pretty much whatever proof it requires, a higher burden than what the court would demand. I don't blame them!

I'm all in favour of suing these days.

marjesoutar

Thanks again Chatty-Chappy.

They are still refuting that I have a claim under section 75, even though I've emailed the exact details.

I've now emailed the letter, and given them 7 days, as I want to move this on, after all these months of thinking I could do nothing.

Will let you know how it goes.

jonesMUFCforever

marjesoutar wrote: »

Thanks again Chatty-Chappy.

They are still refuting that I have a claim under section 75, even though I've emailed the exact details.

I've now emailed the letter, and given them 7 days, as I want to move this on, after all these months of thinking I could do nothing.

Will let you know how it goes.

Claim for what exactly - please be precise and tell us which part of the act you are claiming against?