Can I be sued by a retailer after successfully invoking my rights under CCA?

HGRR1

Hello, I wonder if someone can assist me. Over a year ago I received an incorrect charge by a retailer on my credit card. The retailer did not respond to any of my efforts to raise it with them, so I raised it with Amex, invoking my rights under the Consumer Credit Act. Amex duly refunded me the money.
I have now - a year later - received a letter from a debt collection agency saying I owe the retailer the money, and may be sued for it. Does anyone know if that would be allowed? It seems contrary to the principle of the Consumer Credit Act, and would allow a retailer to circumvent the protection of the legislation!
Any help would be much appreciated.

la531983

Think you need to actually provide more info that this. "Incorrect charge" in what way? Were you charged twice instead of once? Do you still have the item in question?

tightauldgit

Was it a simple chargeback that Amex did? If so then yes I believe you can be pursued for the money. 

I'm less clear on a Section 75 claim as I thought it was the bank that paid out in that case - i'm sure there are better informed people who will be along shortly to tell you. 

HGRR1

Thank you. It was for car hire, which I booked using a free weekend rental voucher. When I returned my car I was told that the terms and conditions of the voucher had changed (after I had booked), excluding the use of the voucher that particular month.

Nearlyold

It sounds as if Amex have reversed the transaction (based on what you told them) rather than it being Amex providing the refund from their own funds. The retailer is now chasing you for the money that Amex took from them. If it was an incorrect charge and can be evidenced in court you would win or if the court decided the charge was justified you'd be ordered to pay. Of course it could just be a bluff from the retailer

the_lunatic_is_in_my_head

I think generally anyone can "sue" anyone, it's rather a question of whether that claim has any merit, which we can give opinions on with more details  

As above if the retailer lost the money it would suggest a chargeback as under S75 the bank would fund the refund and then decide whether to chase the retailer for it, if that happened the retailer's claim would presumably be between them and the bank.  

A  debt collection agency has no power other than to annoy, advise them you dispute the debt and they should cease all contact, at least until they have something to show the debt is valid. 

If the company, or their representatives, file through small claims that is obviously enforceable should they win and you shouldn't ignore anything where an actual case has been filed against you. 

HGRR1

Thanks everyone.

DullGreyGuy

HGRR1 said:

Hello, I wonder if someone can assist me. Over a year ago I received an incorrect charge by a retailer on my credit card. The retailer did not respond to any of my efforts to raise it with them, so I raised it with Amex, invoking my rights under the Consumer Credit Act. Amex duly refunded me the money.
I have now - a year later - received a letter from a debt collection agency saying I owe the retailer the money, and may be sued for it. Does anyone know if that would be allowed? It seems contrary to the principle of the Consumer Credit Act, and would allow a retailer to circumvent the protection of the legislation!
Any help would be much appreciated.

So AmEx just allow you to raise a "Dispute", same as most banks, and dont give you a choice as to if this is a Chargeback or a S75 under the CCA. Almost certainly they will have processed it as a chargeback which just takes the funds out of the merchants account.

S75 simply says your credit provider is equally liable with the merchant, and if credit provider pays out they have a right of recovery from the merchant. 

If it's a chargeback, most likely, or even if it was a S75 and AmEx then recovered the money from the Merchant there is nothing stopping the merchant from suing you for the monies due. Both processes are an out of court process and ultimately only a court can resolve a dispute if both parties cannot come to an agreement. All the processes do is move it to the merchant having to sue you than you suing the merchant. 

born_again

HGRR1 said:

Thank you. It was for car hire, which I booked using a free weekend rental voucher. When I returned my car I was told that the terms and conditions of the voucher had changed (after I had booked), excluding the use of the voucher that particular month.

Standard car hire process here.
They don't dispute chargebacks. They just pass on to collection companies to reclaim the funds they think they are due.

Have they provided any written proof of the change?

bris

As above anyone can sue anyone for anything.

S75 is a hit or miss, if the credit card agrees they pay you back the money then take it from the retailer when the machine is polled. 

The credit card however is not the law, they work on whoever they believe the most.

The courts however are the law and if you go to court you put your side they put theirs and the courts decide, thats binding and that will settle it one way or the other.

km1500

since it seems to be a simple matter of whether a voucher was valid or not in a particular month, I would expect it to be fairly straightforward for a court to look at the facts and make a judgment