We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

S75 Assistance / Query

2

Comments

  • chattychappy
    chattychappy Posts: 7,302 Forumite
    OhReally wrote: »
    You forgot the nit about the cxredit card being allowed to make the supplier party to any claim

    Yep. As you say, in the context of a merchant that is still trading, it could prompt a swift offer. The CC really doesn't want to be in the business of sending legal reps to hearings, particularly for claims of only a few hundred quid.
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    OhReally wrote: »
    a judge will take short shift to anyone wasting a court's time when the complainant hasn't taken all reasonable attempts to resolve the matter out of court first

    You are supposed to follow pre-action protocols by sending a letter before action. In my experience, a litigant in person claimant has usually done much more than this - perhaps writing more than once, telephoning, getting fobbed off etc etc.

    I can honestly say that in small claims track, I have never known a judge to enquire into pre-action matters. You say "short shrift" - outside of small claims it could only really impact a costs award rather than the actual decision. Even then, probably only in the case of a defendant making an admission and claiming that the litigation was unnecessary. Costs awards are very limited in small claims track. Conduct between issue of the claim form and the hearing are sometimes referred to - particularly if directions weren't followed.

    To be frank, litigants in person are usually very well prepared and know every detail of the case. They generally go to court as a last resort. Judges don't expect them to know the law and know they might be nervous. On the other hand, organisations often send someone at the last minute who doesn't know the history of the case or the facts behind it. It is often they who get a ticking off and rightly so.
  • My banks behaviour in this matter has been appalling.

    We've rang them 5 times and been round in circles with each member of staff claiming to have raised some sort of action only for the next to say the have no idea what the previous has done.

    One gave us a email address to send our documents to and the others claimed there was no such address, it beggars belief it really does.

    They also gave £10 for phone calls made - i hope this wasn't some type of trap where they later claim this to be a settlement on the £299.

    i'm really confused as to what to do other than send it all in the post, recorded delivery, but what if they ignore this, how will i have any recourse?
  • derps
    derps Posts: 137 Forumite
    OP, it probably isn't helping that you keep phoning up again and again regarding the same matter. What did you expect to change between calls four and five? You say you're appalled that after calling back "immediately" a different person didn't know what had just happened - perhaps you didn't give the previous guy a chance to do the necessary things. How could someone immediately record an hour's worth of information while you were instantly chasing up someone else??

    Give your bank a chance to actually review your claim! Every time you kick up a fuss with yet another pointless call you're probably confusing the situation more and wasting time that could have otherwise have been spent doing something with your case.

    Actually, I would personally recommend pursuing a chargeback instead of issuing a court claim and banging on about legislation and legal rights etc. to what I imagine are bewildered minimum wage phone jockeys that you keep stirring up. A chargeback will get your money back straight away with no hassle and fewer documents.
  • derps wrote: »
    OP, it probably isn't helping that you keep phoning up again and again regarding the same matter. What did you expect to change between calls four and five? You say you're appalled that after calling back "immediately" a different person didn't know what had just happened - perhaps you didn't give the previous guy a chance to do the necessary things. How could someone immediately record an hour's worth of information while you were instantly chasing up someone else??

    Give your bank a chance to actually review your claim! Every time you kick up a fuss with yet another pointless call you're probably confusing the situation more and wasting time that could have otherwise have been spent doing something with your case.

    Actually, I would personally recommend pursuing a chargeback instead of issuing a court claim and banging on about legislation and legal rights etc. to what I imagine are bewildered minimum wage phone jockeys that you keep stirring up. A chargeback will get your money back straight away with no hassle and fewer documents.

    fair point - i'm sending the docs in the post with a 14 day response request and leaving it. They will not raise a chargeback, tried several times.
  • derps
    derps Posts: 137 Forumite
    They will not raise a chargeback, tried several times.

    Oh, how bizarre - the circumstances sound like a slam dunk chargeback case. 247 Electronics even said "We would also advise that you open a dispute with PayPal and/or your credit/debit card issuer, which we would not challenge" on their website.

    Good luck with the Section 75 claim, I guess!
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    edited 9 December 2014 at 10:59PM
    I don't understand what the fuss is about ? This retailer has said they'll be refunding people, whats so different about your purchase OP ? It doesn't matter if the trader is no longer trading, a chargeback can still be actioned.

    I know you've spoken to your bank but have you contacted the company ?

    You're very impatient OP, a Section 75 claim can take weeks (even months) to resolve.
  • Atidi
    Atidi Posts: 943 Forumite
    edited 10 December 2014 at 3:11PM
    just spoken to the credit supplier and they are advising raising claims against this company as S75 claims due to the nature of the transaction.

    Obviously there is something in the rules that provides guidance on what route to take or the credit company is giving out poor info - which is correct here?

    Why would a credit card provider suggest you hold them liable? :huh:

    They might advise you of that possibility, but surely they would suggest either you try and sort it out directly with the supplier, and then if the money is not returned like the supplier has promised, then perhaps the credit card company will assist you in getting the money back from the supplier (i.e. chargeback)

    But to sit back and say your best course of action is to pusue us for the money really doesn't make any sense, either in a commercial sense or a common sense.


    Anyway, I note for some unknown reason the other thread I posted in on this matter has been moved to the Consumer Rights board (and this one has remained here), so I'll post the same response in this thread as I originally did on that other one.
    This was recently posted on their website (which appears to be down at present)

    To all our customers

    This information is intended to keep you up-to-date with your orders.

    Due to unexpected traffic we received during Black Friday, we faced a number of technical issues, namely being unable to login to our admin section to place a limit on the orders and update stock quantities. By the time we regained access to our backend admin section on Saturday, we had received and processed payments of around 3000 orders while holding stock for around 400 units of PS4 and Xbox One consoles. Over the weekend we placed an order for 5000 units of consoles from our supplier and at this moment in time, we have not received an estimated time of delivery.

    We have decided to withhold fulfilment of orders of units that we have in stock due to:
    - Notifications of cancellations, as the order was ready to despatch.
    - Paypal limiting and freezing our account.
    - Termination notices and withholding of funds due to us from our credit card processors.

    We would like to offer our sincere apologies to our customers for being unable to fulfil their orders. We have instructed PayPal and our card processor to refund all orders placed after midday Thursday the 27th of November. We would also advise that you open a dispute with PayPal and/or your credit/debit card issuer, which we would not challenge.

    We understand our customer service has being unsatisfactory. Our 4 staff were overwhelmed with the amount of calls we received, numbering a few hundred a day and up to 150 emails an hour.

    We hope that that you receive your funds in a timely manner, and again apologise for any disruption to your Christmas shopping. Our site will return in the new year, once we are certain all outstanding issues have been resolved.


    Director
    [Name removed - personal details rules of MSE]
    247 Electronics Limited

    247 ELECTRONICS LIMITED
    COLLINGWOOD BUILDINGS
    38 COLLINGWOOD STREET
    NEWCASTLE UPON TYNE
    ENGLAND
    NE1 1JF
    Company No. 08035219
  • Atidi
    Atidi Posts: 943 Forumite
    edited 10 December 2014 at 3:56PM
    on the face of it, it would appear that way but a little digging tells a very different story.

    Like what exactly? :huh:
    (other than the facebook and other fury due to this latest mishap - I see there's even a facebook page set up now to deliberately target this company)?

    The other thread here was posted by a brand new user, and you've not made that many posts here before. :cool:

    247 electronics limited have been in business for over 2.5 years.

    A recent thread on HUKD (about 6 weeks ago) listed a memory card. It seems everyone was happy then with what they had purchased/received.
    http://www.hotukdeals.com/deals/kingston-32gb-micro-sdhc-class-10-card-adapter-6-99-247-electronics-2030929

    Latest accounts (made up to 30/04/2014) indicate about £250,000 cash in hand/bank and total worth of almost £2million.

    The 2 current company directors do not appear to be, nor ever have been, directors of any other UK company past or present.
    (Well apart from one who was a director of a resident's management company in the past.)
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    patience is where with people....
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.1K Banking & Borrowing
  • 253.5K Reduce Debt & Boost Income
  • 454.2K Spending & Discounts
  • 245.1K Work, Benefits & Business
  • 600.7K Mortgages, Homes & Bills
  • 177.5K Life & Family
  • 258.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.