Court Threats from Credit Card Refund

martinogdenbsx

Hi
I recently won a charge back with a company for £2700 for services not received but charged for. The company defended the claim, poorly, but lost. The bank said I had compelling evidence and issued a refund to our credit card
Now the company is threatening to take me to small claims court to get their money back
Where do I stand legally with this as I submitted clear and concise evidence to show services not received but are still being threatened with court? Would a small claims court hear this even though a decision has been reached by the bank?

[Deleted User]

Yes, they would still hear it.  The bank isn't a court.

You would present your defence in the normal manner.

Tildaplum

No need to worry about small claims court - they are undaunting and you could certainly go to the hearing and give your point of view.

Humdinger1

Martin
Why not post more details? I'm no expert in this area, but many people on this board are and with more details, you'll get bespoke advice.  My layman's view is that you can take at least some comfort from the refund and what the bank said.  Am subscribing.   Humdinger 

born_again

We have to advise a customer when starting a chargeback process that the company has the right to use other means (courts) to claim their money back if they believe they have a good case. As many do not contest chargebacks.
Chargebacks are based on Visa/Mastercard regulations and are over and above your/retailers legal consumer rights. So the fact you won a chargeback has no relevance as far as the courts are concerned.
But some info on even the type of retailer would help. As we do know some will try it on. Especially if it's anything to do with so called investments.

blue.peter

I hate to say it, in view of the amount involved, but I think that you ought to talk to a solicitor.

Having said that, it appears that the bank thought, on the balance of probabilities, that you were in the right. Logically, that seems to imply that a court might well reach the same conclusion. However, I suspect that the bank's determination was based on a fairly "quick and dirty" approach, whilst the court would probably look a bit more carefully.

I suggest that you start by telling the company (politely) where to get off, and explain why. Go through the facts chronologically, and show why they leads to the conclusion that you don't owe anything. Do this in a written letter, not a phone call: remember that if it goes to court, that letter will be part of the evidence used. Point out that the bank concluded that there was compelling evidence in your favour. Bullet points and a lot of white space between short paragraphs will make it easier for everyone to read. Do not offer to pay anything at this stage. See what result that gets, and take it from there.

Tildaplum

I would not do anything at the moment - just wait and see. If they do in fact go for a small claims court hearing then all you have to do is attend that hearing and put your side of the case. It will not be at all intimidating and both sides of the argument will be looked at in a fair manner.

blue.peter

Tildaplum said:

I would not do anything at the moment - just wait and see. If they do in fact go for a small claims court hearing then all you have to do is attend that hearing and put your side of the case. It will not be at all intimidating and both sides of the argument will be looked at in a fair manner.

I'm sorry, but I disagree. Making it clear that you believe in your position and will fight it might stop things escalating to court when just sitting back will let the other party think that it's worth pursuing things. In any case, it's better to get everything on paper. This can enable the judge to make a decision without the need for an oral hearing at all.

I've taken a claim through the small claims procedure.In that case, the judge made a determination (in my favour) simply on the basis of the paperwork submitted by me and the defendant. (The other time I did it, the defendant gave up the afternoon before the scheduled hearing. They had to use a courier to get a cheque to me in time.)

born_again

blue.peter said:

Having said that, it appears that the bank thought, on the balance of probabilities, that you were in the right. Logically, that seems to imply that a court might well reach the same conclusion. However, I suspect that the bank's determination was based on a fairly "quick and dirty" approach, whilst the court would probably look a bit more carefully.

Just as a heads up. It is not the banks decision. That is down to Visa/Mastercard to make the decision. As they set the rules and make the judgement. Banks do not work on any Consumer regulations. They only work on the card regulations.
So given we do not know just what these "services" were, or even where the company are based. It hard to say if they have a good case or not.

What I will say is I know many car hire companies will take people to court in such cases to recover fee's as written in their T/C

blue.peter

born_again said:

Just as a heads up. It is not the banks decision. That is down to Visa/Mastercard to make the decision. As they set the rules and make the judgement. Banks do not work on any Consumer regulations. They only work on the card regulations.

OK. Noted, thanks. But I don't think that the fact that Visa or Mastercard will have made the decision is of any practical effect beyond possibly the precise phrasing of any letter.

I realise that they'll have worked on different criteria, and think that my earlier response took that into account.

So given we do not know just what these "services" were, or even where the company are based. It hard to say if they have a good case or not.

True. But the OP does think that they are in the right and doesn't appear to want to give in. I suggested a way forward on that basis without having made any judgement myself.

45002

Tildaplum said:

I would not do anything at the moment - just wait and see. If they do in fact go for a small claims court hearing then all you have to do is attend that hearing and put your side of the case. It will not be at all intimidating and both sides of the argument will be looked at in a fair manner.

Good idea, I agree too

martinogdenbsx I would just wait and see what happens next ? pointless worrying at this stage ...