Section 75 claim but still being pestered

Julietti

Hi, I'm hoping someone can help me please! We are in dispute with a company who provided us with some shutters which are not as we'd asked for. We made repeated attempts to engage with the company and ask them to put them right or remove and refund us, to which they have point blank refused. Eventually we raised a section 75 claim with our credit card company (fortunately we had paid the deposit on our credit card) and they have agreed with us that we have a case and refunded the deposit. However, the company are continuing to dispute it with the credit card company and are also continuing to pursue us for the full amount seemingly ignoring the fact we are in dispute.  The bank have just made the second challenge as part of the section 75 so we have to wait another 30 days before we have a conclusion but in the meantime the company are threatening us with court proceedings if we do not pay the full amount. Does anyone know what our rights are in this situation - do we ignore the company and let it potentially go to court or do we have to continue fighting them whilst our bank also fights on our behalf...? Any advice greatly appreciated.

Gavin83

If it's as you say it is I'd await the banks decision and let the company take you to court. If you've evidence of the wrong shutters and the correspondence that's taken place I really can't see that they have a claim. It'll likely lead to nothing and is nothing more than a threat to try and get you to back down.

If you do get a refund via section 75 however (or court) the shutters do then belong to the company again and you'll need to be prepared to return them.

dj1471

Gavin83 said:

If you do get a refund via section 75 however (or court) the shutters do then belong to the company again and you'll need to be prepared to return them.

If the bank refunds under S75 then the bank takes ownership of the shutters, not the supplier. As the shutters haven't been fully paid for then they will currently be property of the supplier, so a chargeback or court claim wouldn't change anything in that regard.

born_again

If the company are disputing, then a Chargeback has been done on the deposit. Or they would never know about it. Sounds to me like the retailer has contested the chargeback & the bank has gone back under Pre-arbitration which means card co (visa/mastercard) make a judgment.
S75 refunds come from the bank, not the retailer. So even if the bank payout the rest under S75 the co can/will still chase you for the amount.