Help with a credit card chargeback

missjk1976

I ordered some shutters from Hillarys Blinds but they have delivered the wrong colour. After many arguments with the company they are refusing to change the shutters to the colour I ordered so ive contacted my credit card company to dispute the transaction.


Ive paid £750 so far to Hillarys and then there is a further £500 to pay in the next couple of weeks. (Obviously I don't want to have to pay the remaining £500).


Hillarys have stated that if I get a chargeback for the £750 then they will instruct their debt collection agency to collect the money again from me!


If im successful with the claim from my credit card, are Hillarys allowed to start chasing me for the money again? Also what will happen about the £500 that im not going to pay?


Its stressing me out

bengalknights

Yes they are allowed to chase you for the debt as you would not have paid them.

However they would have to prove that the goods they provided are what you ordered to try and attempt a court claim.

Nasqueron

Did you reject the order when they were delivered given the wrong colour was ordered or were they fitted?

If you had them fitted and use charge back of course the firm will set debt collectors on you as you'd have the money and the blinds!

bengal-stripe

Did they send you the wrong colour (you ordered 'moss' and received 'spring-green') or did you get the right colour 'moss' but now it looks different to the colour you remember from your monitor?

Did you see the shutters in the right colour in real life or did you decide from a small colour sample (either on your monitor or holding it in your hands) which now on the full-size shutters looks different?

If push comes to shove, a court will have to decide.

jamiesb

Very interesting question. If a chargeback is decided in your favour by your bank doesn't that invalidate any debt claim by the business since one of the criteria of a chargeback is proof that the product or service was not supplied as agreed? A chargeback is decided by the arbitrating bank, if the business has a strong case they will appeal it but suing a customer for debt after the fact sounds dodgy to me

Please let me know if I'm mistaken.

pochisoldi

missjk1976 wrote: »

I ordered some shutters from Hillarys Blinds but they have delivered the wrong colour. After many arguments with the company they are refusing to change the shutters to the colour I ordered so ive contacted my credit card company to dispute the transaction.


Ive paid £750 so far to Hillarys and then there is a further £500 to pay in the next couple of weeks. (Obviously I don't want to have to pay the remaining £500).


Hillarys have stated that if I get a chargeback for the £750 then they will instruct their debt collection agency to collect the money again from me!


If im successful with the claim from my credit card, are Hillarys allowed to start chasing me for the money again? Also what will happen about the £500 that im not going to pay?


Its stressing me out

Assumption: There is a significant and material difference between what you ordered and what you received. (Or put another way, you are not arguing about what "lime green" looks like).

You don't want to do a chargeback.

1) Write to Hillarys formally rejecting the delivered product as "not specified in the original contract". Request that they remove the products from your house and refund monies already paid.
Give them 14 days to respond.
Your letter should clearly state "Letter Before Action"
Send a copy of this letter to your credit card company with a covering letter which makes it clear that you regard the CC company as jointly liable under Section 75 of the Consumer Credit act.

2) If they do not respond, or reject your offer, issue an online money claim, against Hillarys for breach of contract and/or misrepresentation.

There is a good chance that Hillarys will either cough up straightaway, or won't turn up and you get default judgement in your favour.
If they do turn up, and you win your case, they should cough up.

3) If you win, and Hillarys don't cough up, enforce your claim by invoking Section 75 and getting the money off your credit card provider.

Note that this course of action leaves Hillarys with absolutely no recourse to debt collection agencies.

If you do a chargeback, you do not resolve the underlying issue - the breach of contract. Because you are dealing with a bunch of !!!!!!, it actually makes things more complicated.

Whatever you do, do not mention "distance selling regulations", "right to cancel". Your right of action is because they've tried to deliver something which is different from what you ordered.

PochiSoldi