Credit card company refunded under s75, now the retailer is wanting me to pay them back

viksviks84

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 
The retailer messaged me Thursday and again Friday, which ended up with them telling me they were raising a money claim against me for goods received not paid for.
I wanted to stick to my guns, but I caved and paid, you can't put a price on peace of mind.
Thanks for all your support and help, it was greatly appreciate.
At least I now know the difference between a S75 and Chargeback, and sometimes you get better aftercare with the bigger stores. 

pinkshoes

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 
The retailer messaged me Thursday and again Friday, which ended up with them telling me they were raising a money claim against me for goods received not paid for.
I wanted to stick to my guns, but I caved and paid, you can't put a price on peace of mind.
Thanks for all your support and help, it was greatly appreciate.
At least I now know the difference between a S75 and Chargeback, and sometimes you get better aftercare with the bigger stores. 

But why did you pay them?!?! !!!!!! stand up to bully tactics! ARGH! 

They have NO legal case against you. The sofa was faulty and you made it available for them to collect. If it actually got as far as court (it wouldn't), you just need to show that the sofa was available to collect and they had not done so.

Ectophile

So you're going to keep the broken sofa and let them keep the money because they sent you a threatening letter?

Sandtree

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 

The bank has stepped outside their jurisdiction by attempting to give you legal advice. There is no legal requirement for the merchant to engage with the chargeback process, as mentioned already, many believe (rightly or wrongly) that it is a loaded processes. The merchant simply needs to follow the appropriate pre-action protocol which for a small track claim like this generally is sending a letter before action with a reasonable timeframe in which for the respondent to take the requested action.

I'd love to see what case law they were basing their legal advice.

born_again

Sandtree said:

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 

The bank has stepped outside their jurisdiction by attempting to give you legal advice. There is no legal requirement for the merchant to engage with the chargeback process, as mentioned already, many believe (rightly or wrongly) that it is a loaded processes. The merchant simply needs to follow the appropriate pre-action protocol which for a small track claim like this generally is sending a letter before action with a reasonable timeframe in which for the respondent to take the requested action.

I'd love to see what case law they were basing their legal advice.

Would it count as legal advice. As they advised OP to contact CA for advice. Given they only said "Weak legal case"

Chargebacks, as you say have no legal standing. They are card regulations over & above your consumer rights. 

I said very much the same earlier that failing to contest a chargeback could be used as a defence. Whether it would work or not who knows. 
Would I say that to a customer... NO.... There is more than enough pitfalls without digging big holes for yourself. 

viksviks84

Ectophile said:

So you're going to keep the broken sofa and let them keep the money because they sent you a threatening letter?

I know, but they are very dubious, I was more concerned about waking up one morning to find my car had been damaged or something like that. Earlier on in this thread, a 'dirty fix' was suggested, it might be useable in my office. I started thinking, if I didn't win, then I had to pay their fees, this sofa will cost me more than it was worth to start with!
I've got no idea if I'd win, and I can't financially compete with a company.
I did report them to trading standards though. 

viksviks84

pinkshoes said:

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 
The retailer messaged me Thursday and again Friday, which ended up with them telling me they were raising a money claim against me for goods received not paid for.
I wanted to stick to my guns, but I caved and paid, you can't put a price on peace of mind.
Thanks for all your support and help, it was greatly appreciate.
At least I now know the difference between a S75 and Chargeback, and sometimes you get better aftercare with the bigger stores. 

But why did you pay them?!?! !!!!!! stand up to bully tactics! ARGH! 

They have NO legal case against you. The sofa was faulty and you made it available for them to collect. If it actually got as far as court (it wouldn't), you just need to show that the sofa was available to collect and they had not done so.

Can you be 100% sure though that I'd win? If I didn't, I'd have to pay more than the cost of the sofa by the time they add on fees and interest.

Sandtree

born_again said:

Sandtree said:

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 

The bank has stepped outside their jurisdiction by attempting to give you legal advice. There is no legal requirement for the merchant to engage with the chargeback process, as mentioned already, many believe (rightly or wrongly) that it is a loaded processes. The merchant simply needs to follow the appropriate pre-action protocol which for a small track claim like this generally is sending a letter before action with a reasonable timeframe in which for the respondent to take the requested action.

I'd love to see what case law they were basing their legal advice.

Would it count as legal advice. As they advised OP to contact CA for advice. Given they only said "Weak legal case"

An assessment of a cases prospects of success would be considered legal advice in my world

user1977

viksviks84 said:

pinkshoes said:

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 
The retailer messaged me Thursday and again Friday, which ended up with them telling me they were raising a money claim against me for goods received not paid for.
I wanted to stick to my guns, but I caved and paid, you can't put a price on peace of mind.
Thanks for all your support and help, it was greatly appreciate.
At least I now know the difference between a S75 and Chargeback, and sometimes you get better aftercare with the bigger stores. 

But why did you pay them?!?! !!!!!! stand up to bully tactics! ARGH! 

They have NO legal case against you. The sofa was faulty and you made it available for them to collect. If it actually got as far as court (it wouldn't), you just need to show that the sofa was available to collect and they had not done so.

Can you be 100% sure though that I'd win? If I didn't, I'd have to pay more than the cost of the sofa by the time they add on fees and interest.

What makes you think they would be entitled to add on fees and interest?

Sandtree

user1977 said:

viksviks84 said:

pinkshoes said:

viksviks84 said:

Quick update, the credit company basically said the retailer has a weak legal case, as they had 45 days to counter, which they didn't and to contact Citizens Advice for more information. 
The retailer messaged me Thursday and again Friday, which ended up with them telling me they were raising a money claim against me for goods received not paid for.
I wanted to stick to my guns, but I caved and paid, you can't put a price on peace of mind.
Thanks for all your support and help, it was greatly appreciate.
At least I now know the difference between a S75 and Chargeback, and sometimes you get better aftercare with the bigger stores. 

But why did you pay them?!?! !!!!!! stand up to bully tactics! ARGH! 

They have NO legal case against you. The sofa was faulty and you made it available for them to collect. If it actually got as far as court (it wouldn't), you just need to show that the sofa was available to collect and they had not done so.

Can you be 100% sure though that I'd win? If I didn't, I'd have to pay more than the cost of the sofa by the time they add on fees and interest.

What makes you think they would be entitled to add on fees and interest?

Statutory interest typically can be added to most claims through the courts.