Disaster with removal company & credit card company no help whatsoever

Lucylu1982

Total disaster, lost and damaged items and CC declining chargeback.

bris

Too long but basically you need indisputable proof there has been a breach of contract. S75 isn't a money back for any little upset, it needs to be indisputable.


The ombudsman is your next step if you're not happy.

dj1471

The evidence sounds pretty indisputable to me, not that it needs to be, it's on the balance of probabilities when it goes to court.

How much did you pay and what outcome are you wanting? You need to quantify your losses and be specific.

I'd be inclined to move on to small claims court, jointly against the company and the credit card company under Section 75.

Lucylu1982

Thank you, yes, sorry it was a long post.

I paid £6k and have a remaining invoice for £1k for storage, which at present, I haven't paid.

The missing items equate to £2k, and the damaged items exceed what I have paid if they were to be replaced new. I've offered the removal company to send a specialist furniture repair person, or investigate replacing the panels of the wardrobe that are damaged rather than the whole thing.

Yes, will investigate small claims court though could be tricky as we are now living and working in France. Fingers crossed the credit card complaints dept review the case favourably.

powerful_Rogue

Lucylu1982 wrote: »

Thank you, yes, sorry it was a long post.

I paid £6k and have a remaining invoice for £1k for storage, which at present, I haven't paid.

The missing items equate to £2k, and the damaged items exceed what I have paid if they were to be replaced new. I've offered the removal company to send a specialist furniture repair person, or investigate replacing the panels of the wardrobe that are damaged rather than the whole thing.

Yes, will investigate small claims court though could be tricky as we are now living and working in France. Fingers crossed the credit card complaints dept review the case favourably.

You can't claim for replacing the items for new items - That is unless they were actually new. You need to find prices for items of the same age/condition.

unholyangel

Lucylu1982 wrote: »

Thank you, yes, sorry it was a long post.

I paid £6k and have a remaining invoice for £1k for storage, which at present, I haven't paid.

The missing items equate to £2k, and the damaged items exceed what I have paid if they were to be replaced new. I've offered the removal company to send a specialist furniture repair person, or investigate replacing the panels of the wardrobe that are damaged rather than the whole thing.

Yes, will investigate small claims court though could be tricky as we are now living and working in France. Fingers crossed the credit card complaints dept review the case favourably.

Did your credit card company start a section 75 claim or did they just try a chargeback?


If the latter then get back on to them and remind them that under section 75 of the consumer credit act, they're jointly liable. Remind them that your claim of breach of contract/negligence will be judged on the balance of probability. Their claim of you acting fraudulently would be judged beyond all reasonable doubt. And given the evidence you have, on the balance of probability the boxes were loaded on their vehicle - else they are in breach of contract yet again. If they still refuse then ask them to send a letter of deadlock so you can refer it to the financial ombudsman.

Lucylu1982

amazing, thank you!:T

Tammydreaper

I recently had to do a chargeback with my credit card company. I was getting nowhere; I mentioned if they declined the chargeback, I would require a deadlock letter to send to the Financial Ombudsman. They then quickly refunded my money.