New floor - credit card refund, company still want payment

phillw

born_again said:
If it  was a chargeback, then company would be asking for the full amount.

If it was a chargeback, then are you still covered by section 75 of the consumer credit act?

If it were a section 75 claim, then in theory you should be covered for consequential losses. For example, fixing the floor.

At which point, technically you should be happy to pay the original company for the work.

I'd raise a complaint with the credit card company

bleepbloopblorp

phillw said:

born_again said:
If it  was a chargeback, then company would be asking for the full amount.

If it was a chargeback, then are you still covered by section 75 of the consumer credit act?

If it were a section 75 claim, then in theory you should be covered for consequential losses. For example, fixing the floor.

At which point, technically you should be happy to pay the original company for the work.

I'd raise a complaint with the credit card company

No, and we've been through this before.

By refunding the OP the CC Co has fulfilled its obligations under S75 and the OP has no claim against them.  It is irrelevant how this refund came about.  Their consumer rights have been fulfilled by the OP being given a refund of their deposit.

That it (a chargeback) results in the company having a legal claim against them is irrelevant.

It is now up to the OP to defend any claim by the Co.  If they feel so strongly that they have a claim, this will not be an issue.

pedro789

pedro789 said:

Hi
Would appreciate any advice pls. 

I had new floor fitted in March, paid 50% upfront via credit card
The fitting was very poor and gave floor company chance to rectify
After second try, there were still lot of issues
I told company still wasn't satisfactory and would be making claim with credit card company (Section 75)
Credit card company asked for independent report, which supported claim and said work was unsatisfactory
Credit card company has tried to contact floor company without response
Credit company has agreed to repay 50% deposit, but said they will not be liable for any claim by company - suggested I get legal advice
Floor company are still emailing asking for balance to be paid

Grateful for any advice, thanks.

Hi 
Quick update + grateful for any advice.

I emailed floor company independent report + told them credit card company agreed with findings + refunded me deposit.
Email was sent on 4 Sept + told them I considered matter closed.
I found out from CC company that refund was Section 75 + they wouldn't be pursuing company for chargeback.
So essentially floor company will keep 50% deposit.
Today 5 weeks after my email, they emailed me back.
Sorry for delay we can rectify findings of independent report.
I've already given them chance to rectify + it was still nowhere near acceptable.
Any advice on what to do next?

Thanks again.

MattMattMattUK

pedro789 said:

pedro789 said:

Hi
Would appreciate any advice pls. 

I had new floor fitted in March, paid 50% upfront via credit card
The fitting was very poor and gave floor company chance to rectify
After second try, there were still lot of issues
I told company still wasn't satisfactory and would be making claim with credit card company (Section 75)
Credit card company asked for independent report, which supported claim and said work was unsatisfactory
Credit card company has tried to contact floor company without response
Credit company has agreed to repay 50% deposit, but said they will not be liable for any claim by company - suggested I get legal advice
Floor company are still emailing asking for balance to be paid

Grateful for any advice, thanks.

Hi 
Quick update + grateful for any advice.

I emailed floor company independent report + told them credit card company agreed with findings + refunded me deposit.
Email was sent on 4 Sept + told them I considered matter closed.
I found out from CC company that refund was Section 75 + they wouldn't be pursuing company for chargeback.
So essentially floor company will keep 50% deposit.
Today 5 weeks after my email, they emailed me back.
Sorry for delay we can rectify findings of independent report.
I've already given them chance to rectify + it was still nowhere near acceptable.
Any advice on what to do next?

Thanks again.

Is the flooring still in place or has it been removed? If it has been removed have you kept the removed flooring in storage for them to collect?