Clydesdale Mastercard / Skrill / Simply Electronics (winding up)

marky9074

OK, this is what I have been mulling over as a letter to request deadlock. If there is anything to add (or remove) then please feel free to input. Thanks in advance.

I am writing with regard to the above transaction, where the merchant in question is no longer trading (and I did not receive the goods). I spoke to you on 16th and 19th August, and was informed that you are unable to process a chargeback to the sum of £221.95

Furthermore, I requested to claim under Section 75 of the Consumer Credit Act (as the company is no longer trading), but was informed that it was the responsibility of the intermediary Skrill (who processed the transaction) and therefore the chain was broken.

It is my understanding that Skrill is acting as a merchant acquirer, therefore the chain remains unbroken and a claim under Section 75 would be valid. Furthermore, there is legal authority that Section 75 protection does exist where one has paid on credit card for a product, via an eMoney service, where previous legal cases set a precedent.

Additionally, numerous reviews from the internet web site TrustPilot (for Simply Electronics) have seen a successful refund from other banks/card issuers, which also (in my opinion) sets a precedent.

Therefore, your attempts to resolve the problem have not been satisfactory and you claim that there is nothing more you can do to help me.

I feel that we have reached a deadlock situation and, therefore, I am left with no alternative but to take my complaint to the Financial Ombudsman Service.

Please issue me with a letter of deadlock so that I may refer this matter to the Financial Ombudsman Service.

If I do not hear from you within 14 days I shall assume that you are in agreement that this case has reached deadlock and I shall refer my complaint about you to the ombudsman without further reference to you.

wealdroam

marky9074 wrote: »

OK, this is what I have been mulling over as a letter to request deadlock. If there is anything to add (or remove) then please feel free to input. Thanks in advance.

That's fine.

marky9074

Just a quick update. Nothing whatsoever from Clydesdale, and it has been some weeks. Do I go ahead without the letter of deadlock? If so should I use the downloadable forms, or the automated online version? I see there is the automated tool on this web site too. Just wondering what the most painless option is.

unholyangel

marky9074 wrote: »

Just a quick update. Nothing whatsoever from Clydesdale, and it has been some weeks. Do I go ahead without the letter of deadlock? If so should I use the downloadable forms, or the automated online version? I see there is the automated tool on this web site too. Just wondering what the most painless option is.

I'd maybe contact them and see if they have issued a reply thats perhaps got lost/delayed.

Personally I would just go with the online option.

naedanger

marky9074 wrote: »

Just a quick update. Nothing whatsoever from Clydesdale, and it has been some weeks. Do I go ahead without the letter of deadlock? If so should I use the downloadable forms, or the automated online version? I see there is the automated tool on this web site too. Just wondering what the most painless option is.

You can take your case to FOS after 8 weeks from the date of your initial complaint.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

unholyangel

naedanger wrote: »

You can take your case to FOS after 8 weeks from the date of your initial complaint.

http://www.financial-ombudsman.org.uk/consumer/complaints.htm

Its not that you can only take your complaint to them after 8 weeks. You can take your complaint to them if the business have rejected your claim or if 8 weeks pass without them issuing a decision.

marky9074

Below is the latest. To be honest I am quite deflated....

Having checked Skrill’s terms and conditions I’m sorry but you can’t complain about them either. Their terms and conditions paragraph 8.3 specifically deals with incidences like yours.

I’ve reviewed your complaint and regrettably can’t ask Clydesdale Bank to return your money as they’ve done nothing wrong.

unholyangel

marky9074 wrote: »

Below is the latest. To be honest I am quite deflated....

Thanks for the update.

I have a question though, I presume that response is from the ombudsman? If so, were they looking at chargeback only? Just nothing in what you've quoted seems to relate to section 75, only chargeback.

ie skrill wouldn't be able to restrict your rights under the CCA but they would with chargeback. Likewise, a claim under section 75 of the CCA wouldn't require clydesdale bank to have actually done something wrong - you have the same rights against them as you do the retailer.

marky9074

That's right, to the Ombudsman. This is what I wrote in reply:

Many thanks for the email. I'm afraid I do not really understand the relevance of the terms of conditions from Skrill, since I do not have a Skrill account. Reading through the T&C's it seems very centred towards having a physical account (which I have not), and the paragraph you quoted is with regards to chargebacks (so is the same applicable under Section 75)? All I did was use Skrill to make the payment (much the same as I would with SagePay etc), given that there was no other method to pay by credit card.

I assumed one of these parties would be subject to Section 75, given the company ceased trading?

[Deleted User]

Sorry if you already said this, but what was the payment recorded as on your statement? Did it mention Skrill or Simply Electronics?