It looks like I've been scammed - advice needed

018125

So at this stage I am going to avoid posting identifiable information about this company and its owner(s) as I'm still hopeful of a resolution, but I will in due course.

• In December I purchased an item from what appeared to be a reputable online store, specialising in period furnishings. The total payment was just shy of £1,000.
  
  
• The product was advertised with a delivery date of 2-4 weeks. It has never arrived.
  
  
• I have attempted to contact the company multiple times through phone and email and left several voicemails, none of which have been returned.
  
  
• I did some extensive research into the background of the directors, and discovered that they had a previous company with a very similar name (Company Name Ltd) which went into liquidation in 2014 owing £145k.
  
  
• Shortly after the liquidation, the same directors registered a new company (Company Name (UK) Ltd) which is trading today.
  
  
• Incidentally, in the same month that the first company went into liquidation, the directors sold a house for £180k and bought a new one for £360k. Given the age of the directors, it is unlikely that a substantial mortgage was involved, so we can speculate as to the source of the funds used for the purchase.
  
  
• I contacted my credit card company (Creation) to enquire about a Section 75 refund, and was advised that Section 75 does not apply as the payment was fulfilled through an intermediary (Sagepay)
  

What should I do next?

paddyrg

Did you buy from [Company Name (UK) Ltd], who are still trading?

If so, letter before action and had straight into small claims proceedings. If they've phoenixed once they may have a taste for it, but getting a CCJ will at least mean the liquidator can see what's what.

LilElvis

Does SagePay offer any help in the way that PayPal does if a sale is not completed? Have you contacted them?

018125

paddyrg wrote: »

Did you buy from [Company Name (UK) Ltd], who are still trading?

Yes I did.

paddyrg wrote: »

If so, letter before action and had straight into small claims proceedings. If they've phoenixed once they may have a taste for it, but getting a CCJ will at least mean the liquidator can see what's what.

Thanks, I'll do that!

018125

LilElvis wrote: »

Does SagePay offer any help in the way that PayPal does if a sale is not completed? Have you contacted them?

They have a 'report a company' section whereby they will attempt to contact the company and request that they issue the refund. But they are unable to offer refunds themselves.

Brooker_Dave

018125 wrote: »

I contacted my credit card company (Creation) to enquire about a Section 75 refund, and was advised that Section 75 does not apply as the payment was fulfilled through an intermediary (Sagepay)

Is that not the credit card company trying to wriggle out of their obligation with a lame excuse?

018125

Brooker_Dave wrote: »

Is that not the credit card company trying to wriggle out of their obligation with a lame excuse?

Probably. Creation are a very amateurish outfit.

shaun_from_Africa

It all depends on whether Sagepay are a money transfer service (in which case S75 won't apply) or a payment service provider/card gateway, in which case S75 should apply.


On your credit card statement, who is the payment showing as having been paid to?

Altarf

shaun_from_Africa wrote: »

It all depends on whether Sagepay are a money transfer service (in which case S75 won't apply) or a payment service provider/card gateway, in which case S75 should apply.

They claim to be a payment gateway service.

http://www.sage.co.uk/software-and-services/payments

SnowTiger

shaun_from_Africa wrote: »

It all depends on whether Sagepay are a money transfer service (in which case S75 won't apply) or a payment service provider/card gateway, in which case S75 should apply.


On your credit card statement, who is the payment showing as having been paid to?

It's all a bit muddy.

Here, sage Pay refers to itself as a gateway: "Process payments securely through your website using our reliable payment gateway."

Looking on their website at the services they offer, I think Section 75 should apply.

shaun_from_Africa

That's why I think who is shown as being the recipient of the payment as shown on the OP's credit card statement is very important.
If it's Sagepay then they received the money from the OP's card company and made an entirely separate payment to the retailer (Just as Paypal do).


If the recipient is the retailer in question then it means the payment went from the CC company through a payment service provider and the money was never in the hands of another party.