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Distance selling rights on on-line comtent

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Comments

  • Alderbank
    Alderbank Posts: 3,971 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 16 July 2024 at 5:04PM
    There might be scope for price reduction somewhere in chapter 3 of CRA (digital content) but I suspect that chargeback will not explore the subtleties of that.

    Hopefully @born_again will advise.
  • born_again
    born_again Posts: 20,649 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 16 July 2024 at 6:07PM
    Alderbank said:
    There might be scope for price reduction somewhere in chapter 3 of CRA (digital content) but I suspect that chargeback will not explore the subtleties of that.

    Hopefully @born_again will advise.
    Could be a possible part chargeback, but that would require each item to be priced separately & being able to prove what was received.
    In reality I can't see a hope.
    Even S75 could be fun. As it will require a copy of the co's T/C to take forward & unless there is something either when making or after purchase CC will say no without, as you can not prove breech of contract.
    Website is a joke as there is little actual detail on it, such as address, contact details etc. 

    It really is time that icann stopped the whole redaction of information on whois when it is a company website.
    Life in the slow lane
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Alderbank said:
    lisyloo said:
    Alderbank said:
    Clarity Psychotherapy in Burton-on-Trent is a tiny company and has never had much in the bank.
    Now that Ms Tillhon has left them (she resigned last year) the cupboard might be bare.

    The advice here is always to make sure you would be able to actually recover anything before investing time and money taking a Ltd company to court.
    Lets hope the chargeback (which I believe goes to the bank) works out.
    I will let you know.
    They might dispute chargeback on the grounds that they have delivered the product and you have not returned it.

    Good luck though and thanks for keeping us informed.
    It has not all been delivered.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 16 July 2024 at 7:43PM
    Alderbank said:
    There might be scope for price reduction somewhere in chapter 3 of CRA (digital content) but I suspect that chargeback will not explore the subtleties of that.

    Hopefully @born_again will advise.
    My experience previously (admittedly Amex) is that chargeback is done and questions asked later. If the appeal doesn’t come in time then it goes through. Sometimes the benefit of the doubt is with the consumer but we’ll see.
    i have gotten lucky a number of times in the past as the other party just hasn’t appealed in time or had the right proof.
    of course it depends on the amount as to whether they are bothered or not.
    ive has cases where they just haven’t bothered (I’m not a serial complainer, just lived a bit).

    it appears to me the lady puts more effort  into high value parts of the business e.g £150 sessions as opposed to low value courses.

    im my experience more depends on how the chargeback is dealt with and whether she wants to spend effort disputing rather than the nitty gritty of the law (but part non-delivery is clear).

    I  only doing a chargeback due to not being able to contact the company via 4 methods.

    we’ll see is all I can say

    it really looks to me like it’s not finished


  • born_again
    born_again Posts: 20,649 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    lisyloo said:
    Alderbank said:
    There might be scope for price reduction somewhere in chapter 3 of CRA (digital content) but I suspect that chargeback will not explore the subtleties of that.

    Hopefully @born_again will advise.
    My experience previously (admittedly Amex) is that chargeback is done and questions asked later. If the appeal doesn’t come in time then it goes through. Sometimes the benefit of the doubt is with the consumer but we’ll see.
    i have gotten lucky a number of times in the past as the other party just hasn’t appealed in time or had the right proof.
    of course it depends on the amount as to whether they are bothered or not.
    ive has cases where they just haven’t bothered (I’m not a serial complainer, just lived a bit).

    it appears to me the lady puts more effort  into high value parts of the business e.g £150 sessions as opposed to low value courses.

    im my experience more depends on how the chargeback is dealt with and whether she wants to spend effort disputing rather than the nitty gritty of the law (but part non-delivery is clear).

    I  only doing a chargeback due to not being able to contact the company via 4 methods.

    we’ll see is all I can say

    it really looks to me like it’s not finished


    Visa/Mastercard needs all details before a chargeback will even be started. There is no chance of just do it & questions later.
    Never worked with Amex, but they are their own in house system.
    Unlike Visa/Mastercard who supply cards to many banks etc. Their regs are also have to be fair to both parties, or companies would not take their cards.
    Life in the slow lane
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lisyloo said:
    Alderbank said:
    There might be scope for price reduction somewhere in chapter 3 of CRA (digital content) but I suspect that chargeback will not explore the subtleties of that.

    Hopefully @born_again will advise.
    My experience previously (admittedly Amex) is that chargeback is done and questions asked later. If the appeal doesn’t come in time then it goes through. Sometimes the benefit of the doubt is with the consumer but we’ll see.
    i have gotten lucky a number of times in the past as the other party just hasn’t appealed in time or had the right proof.
    of course it depends on the amount as to whether they are bothered or not.
    ive has cases where they just haven’t bothered (I’m not a serial complainer, just lived a bit).

    it appears to me the lady puts more effort  into high value parts of the business e.g £150 sessions as opposed to low value courses.

    im my experience more depends on how the chargeback is dealt with and whether she wants to spend effort disputing rather than the nitty gritty of the law (but part non-delivery is clear).

    I  only doing a chargeback due to not being able to contact the company via 4 methods.

    we’ll see is all I can say

    it really looks to me like it’s not finished


    Visa/Mastercard needs all details before a chargeback will even be started. There is no chance of just do it & questions later.
    Never worked with Amex, but they are their own in house system.
    Unlike Visa/Mastercard who supply cards to many banks etc. Their regs are also have to be fair to both parties, or companies would not take their cards.
    It's good to hear that they are thorough and fair because it's clear there has been non-delivery of parts of the itemised list.

    Thanks for all your advice. Will update as I know it's useful to get the results. 
  • born_again
    born_again Posts: 20,649 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Unless your invoice displays each parts price. So you can show the value of the parts missing. There is no chargeback.
    Life in the slow lane
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 26 July 2024 at 3:57PM
    There are relative "values" on all the itemised component parts here
    Should I Stay Or Should I Go? (epiclove.me)
    I have screenshots in case the website or URL mysteriously disappears.

    Independent components parts are not necessarily useful on their own
    e.g. if you bought a car you probably wouldn't want to pay for a steering wheel on it's own.
    So I guess I'm going to see how fair the rules are.

    So far I've got £30 as a goodwill gesture from Halifax for them giving me incorrect dates, so it's been worthwhile from my point of view as that is better than nothing.
    I now have to wait a certain time period.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Update 13/8

    Ive been issued with a chargeback plus I’ve received £30 for poor service from Halifax. I am aware the chargeback can be appealed so I won’t be spending it yet.

    i contacted Marlena for a free consultation as a new client as suggested, the response was very prompt.
    i have contacted her about receiving my product, the response has been very slow with a string of reasons - leave, illness, hospital.

    She can of course dispute the chargeback if she’s not too ill or it’s not too low on her priority list.
  • lisyloo
    lisyloo Posts: 30,077 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Update 26/10

    chargeback was challenged. I sent in a lot of screenshots/evidence. I was told they were blurry so sent them in email instead of their office 365 upload. They close the chargeback citing lack of evidence (there was a letter, tracking receipts, website screenshot, SMS, phone call records). 
    I wasn’t happy with them closing the chargeback on that basis as they should have given me the chance to send the sceeenshots snail mail if they couldn’t read them (they were readable).
    I accepted £50 (goodwill gesture) and took their advice to proceed to S75 (they said that I’d have a better chance).
    They have awarded me the S75 claim straight away, so I’ve had a full refund plus £80 in goodwill gestures for poor service twice.
    I I’m pretty happy with Halifax and will be very careful buying an on-line content again or from small companies or from anyone with little info on the website.
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