Charge back.

McKneff

Member of My family have been refunded an amount by their cc company because of non existence and bad service from a company They are aware that this can be taken back from them after the company submits their defence and wins. All of this has happenned in the last 30 days All of that they understand. In the past few days the retail company have emailed them and said that if my family don't pay them back now, they will take legal action. 
Surey this is a big nono if there s a legal process
In progress 
Any advice please

Grumpy_chap

Chargeback is simply like you stopping the cheque.
Can you share more about the reason for the chargeback?

McKneff

Only what I said in my post. 
Sorry
It was more to do with the threat of legal action while it is being decided who the cc believes.
Is it just scare tactics to are them oay up in case the cc decides against them . The company have a few weeks to deliver their reasons for disputing the claim


  

Hoenir

Unlikely to be scare tactics. Letter before action. Suggests the retailer isn't going to let matters rest. Covering all bases. 

BoGoF

The chargeback process is not a 'legal' process as such. Nothing to stop a retailer not contesting a chargeback and go straight to proper legal action

Grumpy_chap

Not just scare tactics.  
With chargeback, the cc doesn't "decide" anything as such.  It is simply a refund process.  Not like S75 where the cc is jointly liable and investigates first.

The supplier might just accept the chargeback and start full legal process.

It will be difficult for further advice to be given in the absence of an understanding about the actual issue, value in question, etc.

McKneff

It's not a letter before action. Just a email from the manager saying they will take legal action if they don't get the money back .
Family member didnt know they had to specif an S75 and the cc just used a charge back. 
Thanks for your help guys

WillPS

McKneff said:

It's not a letter before action. Just a email from the manager saying they will take legal action if they don't get the money back .
Family member didnt know they had to specif an S75 and the cc just used a charge back. 
Thanks for your help guys

It doesn't matter if S75 is specified or not, the issuer's first course of action will always be to chargeback.

It's very hard to help without details of what the disputed charge was for - was it a product? If so could you attempt to physically return it to their possession?

Was it a service?

For what it's worth, a number of years ago I had a cushion floor installed in our kitchen which was not fit for purpose. I tried to complain to the retailer and got nowhere, so initiated a S75 claim via my issuer, who refunded me. A few days later I got a call from the manager of the shop I'd bought from who informed me they'd be disputing the chargeback and if that failed I could expect "further action" - I think there was even some nonsense about my credit rating being at risk. My response was simply "I look forward to hearing from you in writing".

I don't know that they didn't dispute the chargeback, but I know was never re-charged, and I know I never heard from them again.

Hoenir

McKneff said:

It's not a letter before action. Just a email from the manager saying they will take legal action if they don't get the money back .

They've given warning. That's sufficient in the eyes of the court.  When it comes to awarding costs etc. 

born_again

McKneff said:

Member of My family have been refunded an amount by their cc company because of non existence and bad service from a company They are aware that this can be taken back from them after the company submits their defence and wins. All of this has happenned in the last 30 days All of that they understand. In the past few days the retail company have emailed them and said that if my family don't pay them back now, they will take legal action. 
Surey this is a big nono if there s a legal process
In progress 
Any advice please

Even if they win the chargeback (which have no legal standing) as they are card regulations & over & above any consumer rights.
The retailer still has the right to take them to court if they feel they have a right to the funds.

Just make sure that your family do not try to back out of the chargeback.