Need advice claiming money back from credit card please.

peanut_34

Just wondered if anyone could give me advice regarding being scammed from my car being towed away in 2012. I knew this was a scam really but had to pay £512.00 to get my car released from a dodgy run down unit. I paid via credit card as I thought I would be able to get my money back. I went through all the correct procedures and eventually Sainsburys customer service said they wouldn't refund the money as no proof they were acting illegally. Anyway 2 weeks ago the company were convicted for illegally taking cars and charging for the release and got a suspended sentence. I have written to Sainsburys again as my local trading standards advised and I have received a letter stating " the evidence supplied does not show that a breach of contract/and or misrepresentation has occurred within the last 6 years. For a claim to be valid under section 75 a breach of contract and or misrepresentation must have occurred within the last 6 years. I can't get help from the trading standards as I didn't report the incident to them at the time, otherwise they would claim for the money via the court. I can't go to small claims court either as they are proper dodgy and wouldn't get my money back from them.Can anyone help me Please?

eco_warrior

I don't really think this would be upheld as a S75 claim even it if wasn't over the 6 years.

What sort of paperwork do you have relating to the purchase? Do you have an invoice or just a receipt?

peanut_34

I have the original receipt, and a copy of the appeal which I sent to the company immediately, I even sent the piece from the local paper with the conviction.

dj1471

After six years it's too late for both Section 75 and court.

peanut_34

Even though I had complained at the time this happened?

18cc

I think if it was a brand new claim then the 6 year rule would apply for sure

however since you had claimed back at the time it might be worth telling Sainsbury's that theiroriginal decision was wrong and that they should review it. Worth a try.

Terry_Towelling

What follows is my opinion only and not legal advice.

The statute of limitations for breaches of contract is 6 years but the courts do have powers to ignore that limitation where evidence is strong and the limitation is not contested.

I also understand that where a 'defendant' has concealed facts such that a claim could not be made, the time limitation can commence on the date the claimant becomes aware of the concealed facts. That suggests the time limitation may commence from the date the company was convicted of acting illegally.

All that said, you still have to convince Sainsbury's that a breach of contract or misrepresentation has occurred. So far they haven't disagreed with you - only that you haven't provided evidence of a breach occurring within the past 6 years.

I'd push back against them suggesting the 6 year limit should start from the date of the conviction because, only then, was it uncovered that the company was misrepresenting its powers and only then did you become aware of the right to make a claim.

peanut_34

Thank you for your posts I will give it a go.
Didn't want to pursue if everyone thought I had no chance.