Transaction in Dispute & Interest

eco_warrior

No claim imo

Chrysalis

as long as its on your statement, make payments as is necessary, dont assume its not a liability.

In my experience if a card provider or bank makes adjustments to an account and what they fixed has incurred you charges, they tend to also refund those charges.

chattychappy

Based on what you have said, OP, I think you have a good claim for misrepresentation, especially that it is evidenced in writing. It is quite possible that the CC will want some sort of report confirming that the part is wrong/won't work. If the supplier is prepared to admit it, then that should be enough....

S75 does cover foreign purchases, but as the contract was formed in the foreign jurisdiction, it might be their equivalent of misrep/breach that applies. The law is not clear.

I wouldn't hang onto the item - contact the supplier and say it's not what you were promised and ask them to confirm they will accept its return. Ask also that they reimburse you for the return expenses. (Whether you are entitled to that probably depends on local law.)

Then pursue the claim with the CC if they don't play ball. With misrepresentation claims (under UK law) it is important that you reject promptly. That's best done by returning, or attempting to return the goods. I suppose you could send the goods to Virgin money since they're jointly liable!! They won't thank you for that, though.

SnowTiger

Emily_Joy wrote: »

Do I still have make minimal payments?

If I were you I'd contact Virgin and ask them for advice.

Personally, I'd pay the minimum at least, which is 1% (£10). Minimum payment £25.

That would prevent them adding negative information about missed payments to your credit reports. It's better to prevent that, rather than having the hassle of getting it fixed after the event.

FestiveJoy

Emily_Joy wrote: »

The supplier in question is in continental Europe.I haven't ordered anything, I've paid in person. The item in question was a replacement part for a vehicle restoration. The supplier insisted more than once - including several emails that this is the correct replacement part whilst it turned out it is was not. It was impossible for me to check that this replacement part would fit whilst in the shop.

Thanks for this further explanation.

Are you saying you went to continental Europe, and bought this item from a shop there?

If so, were the emails sent before or after purchase?

Have you contacted the shop since regarding this purchase, and if so, what has been their response to your cliam that the part is not the correct one, despite their assurance it is?

What exactly was the part in question? For what vehicle? Where is the part now?

FestiveJoy

chattychappy wrote: »

...
Bad advice IMHO. If you win, you might still have the hassle of blocked card, negative payment markers to contend with. As for getting court fees back - well depends how much you "win". The court may uphold only part of the claim....

Bad advice IMHO.

Why would the OP have the hassle of blocked card & negative payment markers to contend with, when it is proven the OP does not owe any money?

I think you probably missed this vital information the OP has already given us

Emily_Joy wrote: »

I have been told (by Virgin Money) that the transaction for which I've submitted a S75 claim will be marked as "in dispute" and that I don't need to make any payments towards it. ...

How do you envisage the court will only uphold part of the claim? :huh:
It seems a very simple claim.
The OP purchased a part which they now claim is not fit for purpose (based on assurances given by the seller).
The court only needs to decide if the OP succeeds in this claim or not.

Emily_Joy

chattychappy wrote: »

Then pursue the claim with the CC if they don't play ball. With misrepresentation claims (under UK law) it is important that you reject promptly. That's best done by returning, or attempting to return the goods. I suppose you could send the goods to

The item has been returned to the seller. The seller accepts that but refuses to refund for the reasons known only to themselves. Virgin Money disputes department is aware of that.

However, I am not quite certain whether this is relevant to me paying or not the CC bill.

SnowTiger wrote: »

If I were you I'd contact Virgin and ask them for advice..

I think my best plan is to pay the statement's balance in full to avoid any interest. Since the Virgin Money is in UK it might be easier to get money back from them. :cheesy:

FestiveJoy wrote: »

Are you saying you went to continental Europe, and bought this item from a shop there?

Yes, I visit different parts of the continent often...

FestiveJoy wrote: »

If so, were the emails sent before or after purchase?

Two emails were sent before the purchase - (1) me enquiring whether they might have the part needed (2) me asking to check compatibility with a particular frame number. One email was sent after the purchase - me stating that it's not compatible.

FestiveJoy wrote: »

Have you contacted the shop since regarding this purchase, and if so, what has been their response to your claim that the part is not the correct one, despite their assurance it is?

They stated it is the correct part, ignoring my argument, which included photographs.

FestiveJoy wrote: »

Where is the part now?

I don't know. I've returned it to the seller before contacting Virgin Money.

chattychappy

FestiveJoy wrote: »

Bad advice IMHO.

Why would the OP have the hassle of blocked card & negative payment markers to contend with, when it is proven the OP does not owe any money?

I think you probably missed this vital information the OP has already given us

Yes, thanks, I misread the OP. On balance, if it's showing on the statement I would still pay it. No risk of blocked card/negative payment markers in this context. But if it has been credited, then I wouldn't pay.

FestiveJoy wrote: »

How do you envisage the court will only uphold part of the claim? :huh:
It seems a very simple claim.
The OP purchased a part which they now claim is not fit for purpose (based on assurances given by the seller).
The court only needs to decide if the OP succeeds in this claim or not.

I wrote that post before the OP gave the detail of what the claim was, but my point remains. Normally for something such as this you would include cost of any postage/courier (ie for returning the item), phone calls, inconvenience, court fees, interest - any other reasonable expenses associated with the failed transaction. You might still only be partially successful. But as you suggest, for a misrep claim it should be a basic finding of fact for the court to decide if the basic claim succeeds or not.

Costs are always at a judge's discretion. I've known of cases where the judge has awarded significant costs in a small claim (which is unusual) or refused any costs to a winning party because of their conduct.

FestiveJoy

Emily_Joy wrote: »

The item has been returned to the seller. The seller accepts that but refuses to refund for the reasons known only to themselves. Virgin Money disputes department is aware of that. ...

What proof do you have as evidence that the seller now has the item, and that the seller has accepted that return?

Can you not provide that to the credit card company to expedite the resolution of your claim?

Emily_Joy

FestiveJoy wrote: »

What proof do you have as evidence that the seller now has the item, and that the seller has accepted that return?

Courier (Royal Mail) delivery confirmation and an email from the seller confirming they have got it.

FestiveJoy wrote: »

Can you not provide that to the credit card company to expedite the resolution of your claim?

I have provided both.