Notice of Intended Civil Proceedings

L23641

I received a letter from NBCS accusing me of fraud regarding a missing package when the package did arrive but the package was empty insidd. so I performed a chargeback and purchased the item in store. Now, NBCS claims “loss”, and I can't afford the £583.99 to pay for this. Additionally, the package was registered under my son's name, and the letter is now addressed to him. They're threatening to issue a CCJ, but he's only 17 years old. Any suggestions on addressing this issue and advice on how to handle this situation? 

L23641

This is the letter that came

PartyOfFive

What did you do when the package was delivered and you discovered it was empty inside.  Did you contact the business that you ordered it from to let them know?

full story please. Don’t drip feed information.

Keep_pedalling

Did you actually complain to the seller that you received an empty package or did you jump straight to a charge back?

born_again

Danger of doing a chargeback is that if retailer does not contest, they can take you to court to reclaim funds as chargebacks are a process over & above your consumer rights with no legal standing, as they are just card providers regulations.

Petriix

They can't just 'issue a CCJ', they would have to take you (or your son) to court and win. Assuming you have reasonably robust evidence that the item wasn't in the packaging then it's unlikely they would be able to convince a judge. Whatever happens, make sure you don't ignore them and actually put forward a defence. The onus is on them to prove (on the balance of probabilities) that the item was actually received by you.

sourcrates

What they have sent you is an LBA (Letter before action) as set out by the civil procedure rules.

You can write to them now and explain yourself, in the hope they will accept what you say, and end the matter there and then, or wait until court papers are received, and if what you say is accurate, then you defend the claim on the basis of what you have told us.

The matter will then be decided by the judge sitting on the day.

Hoenir

L23641 said:

 so I performed a chargeback and purchased the item in store. Now, NBCS claims “loss”, and I can't afford the £583.99 to pay for this. Additionally, the package was registered under my son's name, and the letter is now addressed to him. They're threatening to issue a CCJ, but he's only 17 years old. 

Was the chargeback instigated as your son borrowed your "card" for the expenditure ?  Friendly fraud amounts to shoplifting. Given the sum involved not going to go away on it's own accord. 

jigglyguy23

L23641 said:

This is the letter that came

Hi im currently going through the same problem, what ended up happening since this has never happened to me and im quite stressed since they are asking me to pay over£500 which i dont have so could you just tell me how you resolved this or anyone else who has advuce 

sourcrates

The OP was last active in March 24, I doubt they will be back to respond.