Section 75 and Small Claims Court

tomc239408934

I need to make a couple of section 75 claims after being victim to a scam. I've never done this before, and everything i read suggests quite a long drawn out processs whereby the CC company eventually make a decision then if customer doesn't like it they can go to the omburdsman. But why cannot I just give them 28 days and then issue court papers as in standard legal disputes, as that seems a far quicker way to resolve it?
Also what address do i send claim letters to? is it just the HQs i can find on google. This is for Amex and HSBC.
Thanks a lot for any advice.

marcia_

 tomc239408934 said:

I need to make a couple of section 75 claims after being victim to a scam. I've never done this before, and everything i read suggests quite a long drawn out processs whereby the CC company eventually make a decision then if customer doesn't like it they can go to the omburdsman. But why cannot I just give them 28 days and then issue court papers as in standard legal disputes, as that seems a far quicker way to resolve it?
Also what address do i send claim letters to? is it just the HQs i can find on google. This is for Amex and HSBC.
Thanks a lot for any advice.

 Thats not how the process works!

 Why are you assuming the worst before you have applied??

retiredbanker1

Firstly if you want advice - you will need to tell us what has happened.

DullGreyGuy

If its a scam why use S75 rather than a chargeback which is a much quicker process?

Ultimately you need to read your contract to ensure there is nothing about timescales in there. Your on a hiding to nothing if you have a contract giving them 3 months and you issue after 28 days.

 Remember that you do not issue in "small claims court", you issue in the County Court and the Directions process decides if it goes to Small Track, Fast Track or Multi-Track.

If you do issue, always safest to issue against the registered address of the relevant entity unless contracts explicitly say otherwise. The reason why people dont do that is that going to court is always a risk and banks have proper lawyers unlike your local plumber. As a consequence you can end up with a fairly big bill if you breach the CPR or contracts, issue against the wrong entity or an unclear entity etc. 

Most people dont want that so go the risk free method of internal processes, complaint, ombudsman if they dont like the outcomes. 

tomc239408934

DullGreyGuy said:

If its a scam why use S75 rather than a chargeback which is a much quicker process?

Ultimately you need to read your contract to ensure there is nothing about timescales in there. Your on a hiding to nothing if you have a contract giving them 3 months and you issue after 28 days.

 Remember that you do not issue in "small claims court", you issue in the County Court and the Directions process decides if it goes to Small Track, Fast Track or Multi-Track.

If you do issue, always safest to issue against the registered address of the relevant entity unless contracts explicitly say otherwise. The reason why people dont do that is that going to court is always a risk and banks have proper lawyers unlike your local plumber. As a consequence you can end up with a fairly big bill if you breach the CPR or contracts, issue against the wrong entity or an unclear entity etc. 

Most people dont want that so go the risk free method of internal processes, complaint, ombudsman if they dont like the outcomes. 

I've tried the general disputes, ie chargeback approach, but they are not interested because i have no correspondence with the company, because it was a scam iimiation website, they just take your money and then disappear.

But the whole point of Section 75 is it is enshrined in law so cc contracts cannot override statutary liegislation and ultimately it is enforcable by the courts .. correct me if im wrong

Yeah i know the distinction between the courts, but as is common, "small claims court" is used as shorthand . ive been through court process before. the amount is just over 100 pound so would go down the small claims channel im sure.

On the address i was more meaning where i send my section 75 claim to .. is that also the registered address, or is there somewhere on the websites it will say?

Thanks 

tomc239408934

retiredbanker1 said:

Firstly if you want advice - you will need to tell us what has happened.

Thank you but q was about my rights to appeal a section 75 claim directly to the courts .. other details are irrelevant and would just add confusion.

marcia_

tomc239408934 said:

DullGreyGuy said:

If its a scam why use S75 rather than a chargeback which is a much quicker process?

Ultimately you need to read your contract to ensure there is nothing about timescales in there. Your on a hiding to nothing if you have a contract giving them 3 months and you issue after 28 days.

 Remember that you do not issue in "small claims court", you issue in the County Court and the Directions process decides if it goes to Small Track, Fast Track or Multi-Track.

If you do issue, always safest to issue against the registered address of the relevant entity unless contracts explicitly say otherwise. The reason why people dont do that is that going to court is always a risk and banks have proper lawyers unlike your local plumber. As a consequence you can end up with a fairly big bill if you breach the CPR or contracts, issue against the wrong entity or an unclear entity etc. 

Most people dont want that so go the risk free method of internal processes, complaint, ombudsman if they dont like the outcomes. 

I've tried the general disputes, ie chargeback approach, but they are not interested because i have no correspondence with the company, because it was a scam iimiation website, they just take your money and then disappear.

But the whole point of Section 75 is it is enshrined in law so cc contracts cannot override statutary liegislation and ultimately it is enforcable by the courts .. correct me if im wrong

Yeah i know the distinction between the courts, but as is common, "small claims court" is used as shorthand . ive been through court process before. the amount is just over 100 pound so would go down the small claims channel im sure.

On the address i was more meaning where i send my section 75 claim to .. is that also the registered address, or is there somewhere on the websites it will say?

Thanks 

 To initiate a s75 claim you just need to phone them the same way you did to request a chargeback 

tomc239408934

marcia_ said:

tomc239408934 said:

DullGreyGuy said:

If its a scam why use S75 rather than a chargeback which is a much quicker process?

Ultimately you need to read your contract to ensure there is nothing about timescales in there. Your on a hiding to nothing if you have a contract giving them 3 months and you issue after 28 days.

 Remember that you do not issue in "small claims court", you issue in the County Court and the Directions process decides if it goes to Small Track, Fast Track or Multi-Track.

If you do issue, always safest to issue against the registered address of the relevant entity unless contracts explicitly say otherwise. The reason why people dont do that is that going to court is always a risk and banks have proper lawyers unlike your local plumber. As a consequence you can end up with a fairly big bill if you breach the CPR or contracts, issue against the wrong entity or an unclear entity etc. 

Most people dont want that so go the risk free method of internal processes, complaint, ombudsman if they dont like the outcomes. 

I've tried the general disputes, ie chargeback approach, but they are not interested because i have no correspondence with the company, because it was a scam iimiation website, they just take your money and then disappear.

But the whole point of Section 75 is it is enshrined in law so cc contracts cannot override statutary liegislation and ultimately it is enforcable by the courts .. correct me if im wrong

Yeah i know the distinction between the courts, but as is common, "small claims court" is used as shorthand . ive been through court process before. the amount is just over 100 pound so would go down the small claims channel im sure.

On the address i was more meaning where i send my section 75 claim to .. is that also the registered address, or is there somewhere on the websites it will say?

Thanks 

 To initiate a s75 claim you just need to phone them the same way you did to request a chargeback 

hmm everything says you have to do it in writing, there are even template letters on this website.

MorningcoffeeIV

Make sure you don't use template letters.

Phoning the lender is the quickest and easiest way, but if you feel the need to write to them, write your own letter.

DullGreyGuy

tomc239408934 said:
But the whole point of Section 75 is it is enshrined in law so cc contracts cannot override statutary liegislation and ultimately it is enforcable by the courts .. correct me if im wrong

Yeah i know the distinction between the courts, but as is common, "small claims court" is used as shorthand . ive been through court process before. the amount is just over 100 pound so would go down the small claims channel im sure.

On the address i was more meaning where i send my section 75 claim to .. is that also the registered address, or is there somewhere on the websites it will say?

Thanks 

The contract cannot remove your right to S75 but it can enshrine that they have 90 days to investigate. If you issue beforehand that's then there is a number of issues they could raise with the judge that could cost you money. 

It certainly should go to small track, and judges are encouraged to put it in the lowest track possible, but good lawyers can write very convincing arguments. Not saying they can get it pushed into Fast Track but if they do then you start becoming liable for their legal costs if you dont win or have abused process.

S75 would normally be done over the phone or secure messaging in response to them rejecting the Chargeback... general process, as supported by the ombudsman, is that a case goes to chargeback first if within the timelimits and only to S75 if outside the time limits and/or there is some other reason why Chargeback can't go ahead/is unsuccessful.

eskbanker

tomc239408934 said:

I've tried the general disputes, ie chargeback approach, but they are not interested because i have no correspondence with the company, because it was a scam iimiation website, they just take your money and then disappear. 

tomc239408934 said:

retiredbanker1 said:

Firstly if you want advice - you will need to tell us what has happened.

Thank you but q was about my rights to appeal a section 75 claim directly to the courts .. other details are irrelevant and would just add confusion.

Up to you if that's the way you wish to approach it, but it's hardly surprising that experienced posters on here will try to add value by highlighting matters that may have escaped your attention.  My contribution would be to observe that a s75 claim requires you to demonstrate breach of contract or misrepresentation by the merchant, so the starting point would be to produce evidence of the contract, whether that's to the card company or ultimately to a court - if you couldn't do that to the extent needed to support a chargeback claim then how do you plan to do so to back up a s75 one?