Conservatory / home improvement

born_again

jatjat said:

Help again please. 

Following the charge back case the merchant has supplied the T/C to the CC. It T/C clearly states we have 14 day right to cancel. The Cc company are saying that we cancelled after we had received the T/C. I was under the impression we still had 14 days left to cancel. When I look at the dates we cancelled within the 14 day period. There is no mention about paying any fees, this only came out when we start to pursue our refund. The CC company are saying if we do not take the offer we could loose the case. 

Just wondering that we had a right to cancel but still had to take a loss. 

Trouble is chargeback is not based around T/C. It is based on card providers requirements.

So which chargeback was used here?

the_lunatic_is_in_my_head

Hello OP

Sorry to hear this is dragging on. 

Best bet is to contact the bank and politely insist they open a Section 75 claim. If they refuse follow their complaints procedure.

If they do open one you need to point out that the cancellation period for an off premises service contract ends at the end of 14 days after the day on which the contract is entered into and that you cancelled within this period. 

It is for you to prove so hopefully you have a copy of the email sent

You need to advise the bank 

https://www.legislation.gov.uk/uksi/2013/3134/regulation/10

10.—(1) Before the consumer is bound by an off-premises contract, the trader—
(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.

and

https://www.legislation.gov.uk/uksi/2013/3134/regulation/17

17.—(1) In case of dispute about the trader's compliance with any provision of regulations 10 to 16, it is for the trader to show that the provision was complied with.

and as they didn't give you this then the below, as posted before, applies:


https://www.legislation.gov.uk/uksi/2013/3134/regulation/36


(4) Where the service is supplied in response to a request in accordance with paragraph (1), the consumer must (subject to paragraph (6)) pay to the trader an amount—
(a)for the supply of the service for the period for which it is supplied, ending with the time when the trader is informed of the consumer's decision to cancel the contract, in accordance with regulation 32(2), and
(b)which is in proportion to what has been supplied, in comparison with the full coverage of the contract.
(5) The amount is to be calculated—
(a)on the basis of the total price agreed in the contract, or
(b)if the total price is excessive, on the basis of the market value of the service that has been supplied, calculated by comparing prices for equivalent services supplied by other traders.
(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—
(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

and they either need to refund your deposit in full or prove the required information was provided on paper, or if you agreed to such, via the other durable medium. 

It's very simple indeed so don't let the bank draw you down any side paths, keep it to the point and I don't see how they can refuse to refund you (unless you are somehow mistaken and the information was given)  

jatjat

I am unaware of the different types of charge back. Initially we requested a section 75 but the CC have chosen the charge back route. 

the_lunatic_is_in_my_head

jatjat said:

I am unaware of the different types of charge back. Initially we requested a section 75 but the CC have chosen the charge back route. 

They often do go for a chargeback back first, based on posts here at least, but if that has failed and you go back to them they should process the S75 (chargebacks are one go only so they shouldn't open another one of those). 

jatjat

Many thanks 🙏 for everyone’s input with my situation. I feel that the merchant has many experiences of extracting money with no purpose of completing a contract. Proving such a thing is tiring and for many easier to wipe. The merchant did send us a refund agreement for us to sign stating we could then get a full refund but only if we gave them our bank details. Sadly the first clause said ‘ do not tell anyone about this agreement’ , consequently we did not sign it . The Cc company are now saying because we did not sign this agreement we are now liable for the £500 deduction. There is nothing in the T/C to advise us of this clause.  We will contact the cc again and reiterate about our 14 day right. I have looked closely at the consumer act and have to admit it is a very dry document. I love the bits that appear relevant though 😀

the_lunatic_is_in_my_head

You need to point the bank to:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/34

(7) The trader must make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise.

and advise them that you not signing a piece of paper that would contravene rights doesn't absolve them (the bank) of their liability under Section 75.

Personally I'd prep an email with only the legislation I've quoted in this post and the last one. I'd call and ask to speak to a senior member staff, advise them you wish to send them an email so can they provide an email address they can access whilst you are on the phone, get them to clarify that they have opened a Section 75 and the ask them to review the legislation so they can refund you.

I would also politely drop into the conversation that you aren't happy with their response so far and would like to note down the address to which legal notices should be served as you intent to file through small claims if they continue to drag their feet. 

jatjat

As an update and a thankyou for everyone’s input on my issue, we finally received all the money back although for some of it we had to wait on the section 75. Thank you again your input was invaluable.