Court Threats from Credit Card Refund

2e0arr

who paid you the money back the company or the bank ?

if it was the bank then the company you  disagreed with should sue the bank if they have a case

because if the bank paid you and then took the money from the company thats between the company and the bank. .

If they are taking you to the small claims court they should do it and not tell you they are considering it in an attempt to intimidate you.

Wait and see what happens. 

Terry_Towelling

Your bank will have returned the debt to the retailer's processing bank as per the dispute rules and regulations devised (in conjunction with the member banks) by Visa/MasterCard.  The processing bank will then have returned the debt to the retailer in accordance with the contract they hold with said retailer.  As long as this has been done correctly, the retailer should have no right of redress against the processing bank.  However, none of the above processes do anything to alter the contractual obligations of the retailer to the customer and vice versa; that contract still exists.

From the information provided by OP, we have no idea what the contract was or why the Chargeback was not successfully contested.  If you want any meaningful answers from the forum, OP, you will have to give us full details of the contract, how it was not properly fulfilled and exactly what the retailer did so poorly in defence of the Chargeback.

As it stand right now, the retailer has every right to ask you to pay the debt - that's not to say their reasoning is valid or that it would stand up in court - but they can always ask.  Similarly, you have every right to refuse them, but, once again, that's no guarantee that you would win a court case with your reasoning.

More information please.

born_again

2e0arr said:

who paid you the money back the company or the bank ?

if it was the bank then the company you  disagreed with should sue the bank if they have a case

because if the bank paid you and then took the money from the company thats between the company and the bank. .

If they are taking you to the small claims court they should do it and not tell you they are considering it in an attempt to intimidate you.

Wait and see what happens. 

It was a chargeback, thus the money comes from the retailer. Hence why they are now looking at other means of getting the funds.
If the funds had come from the bank, then that would be a S75 claim and  the retailer would still have their money. As banks do not claim it back from the retailer as the legal costs are far more than any amount they would get back. Even with in house legals dealing.

2e0arr

i think if you are taken to court and lose  you will have a case against your bank.
see these principles from the FCA which the bank may have breached.

principle 6 of the FCA 6. Customers' interests, A firm must pay due regard to the interests of its customers and treat them fairly.

principle 8 of the FCA 8. Conflicts of interest, A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

principle 9 of the FCA 9. Customers: relationships of trust, A firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment.

principle 10 of the FCA 10. Clients' assets, A firm must arrange adequate protection for clients' assets when it is responsible for them.

So looks like  a complaint to the Financial Ombudsman about your bank   

born_again

Good luck on that.
Principle 6 & 9.
If bank cover it off with "If we win, the company can claim the money back via other means" then they have mitigated their risk, and advised the customer of what can happen.
Principle 8. Unless the bank is a merchant bank for the retailer (and this is a credit card, so they will not be)  then they are only working for only one party. Thus no conflict of interest.
Principle 10.  They have protected the clients assets by wining the chargeback. 

It does not stop the company from taking their own action if they feel they have a right to the money for the (unknown) service.

2e0arr

checked the principles with  the FCA.

Apparently the Op doesn't have to wait for a court case to come a complaint about court action threats va  caused by the action  of  the CC company could be initiated now and if they don't provide a suitable resolution the OP can take it to the FO.

Thats just for the threat of action.

£2700 is a tiny amount to take to a smail claims court.

 would the CC Company be represented in court ? their e legal teams (coud be one person) expenses possible over night stay. The Op could get the case moved to their local court.

Chances are it will be threat letters.

The OP should hold their water and wait

born_again

2e0arr said:

checked the principles with  the FCA.

Apparently the Op doesn't have to wait for a court case to come a complaint about court action threats va  caused by the action  of  the CC company could be initiated now and if they don't provide a suitable resolution the OP can take it to the FO.

Thats just for the threat of action.

£2700 is a tiny amount to take to a smail claims court.

 would the CC Company be represented in court ? their e legal teams (coud be one person) expenses possible over night stay. The Op could get the case moved to their local court.

Chances are it will be threat letters.

The OP should hold their water and wait

Why would the CC be present in court? They got the money back from the retailer, as requested by their customer. It is now the retailer wanting to sue the customer over non payment.
CC have no further part in this matter.

2e0arr

born_again said:

2e0arr said:

checked the principles with  the FCA.

Apparently the Op doesn't have to wait for a court case to come a complaint about court action threats va  caused by the action  of  the CC company could be initiated now and if they don't provide a suitable resolution the OP can take it to the FO.

Thats just for the threat of action.

£2700 is a tiny amount to take to a smail claims court.

 would the CC Company be represented in court ? their e legal teams (coud be one person) expenses possible over night stay. The Op could get the case moved to their local court.

Chances are it will be threat letters.

The OP should hold their water and wait

Why would the CC be present in court? They got the money back from the retailer, as requested by their customer. It is now the retailer wanting to sue the customer over non payment.
CC have no further part in this matter.

i don't know why they would be present in court that's why i asked.