MCOL for small amount of money

DE_612183

Hi, I want to raise a MCOL for £42.99 for a company not adhering to distance selling rights as per consumer act.

I notice that there is a £35 fee.

If I pay the fee and win, I presume I get the £35 back?

la531983

You add it to the claim, yes. Is it worth your energy though, and will the claimant be able to pay, because paying hundreds more to enforce a CCJ may be fruitless.

DE_612183

la531983 said:

You add it to the claim, yes. Is it worth your energy though, and will the claimant be able to pay, because paying hundreds more to enforce a CCJ may be fruitless.

It's the principal of the thing - I may not be able to enforce the CCJ but they will have one. £35 not much really.

20122013

DE_612183 said:

la531983 said:

You add it to the claim, yes. Is it worth your energy though, and will the claimant be able to pay, because paying hundreds more to enforce a CCJ may be fruitless.

It's the principal of the thing - I may not be able to enforce the CCJ but they will have one. £35 not much really.

I don't think they will get a CCJ  unless you pay to have it enforced. Hence, there are a lot of debtors out there and the lenders are not aware as not CCJ,. I can see what you are aiming to do which is a good thing.

la531983

Have you attempted a chargeback or S75 at any point instead of going nuclear?

You would also need to give them a final 30 days in a Letter Before Action before filing, to show you have made every attempt to resolve.

DE_612183

la531983 said:

Have you attempted a chargeback or S75 at any point instead of going nuclear?

You would also need to give them a final 30 days in a Letter Before Action before filing, to show you have made every attempt to resolve.

I paid by debit card - I thought S75 was only for Credit Cards?

And yes I'll give them 30 days LBA - thanks for reminding me of the correct timing of events.

DullGreyGuy

DE_612183 said:

la531983 said:

Have you attempted a chargeback or S75 at any point instead of going nuclear?

You would also need to give them a final 30 days in a Letter Before Action before filing, to show you have made every attempt to resolve.

I paid by debit card - I thought S75 was only for Credit Cards?

And yes I'll give them 30 days LBA - thanks for reminding me of the correct timing of events.

S75 is but chargebacks are for any card

The £35 and the other fees you will have to pay later are simply added to the debt, so if the judge agrees with you then it'll be included in their order. If you actually get it back or not is another matter and depends if the company has the means to pay and/or want to be silly about it and have you add more costs trying to force them to. 

DE_612183

DullGreyGuy said:

DE_612183 said:

la531983 said:

Have you attempted a chargeback or S75 at any point instead of going nuclear?

You would also need to give them a final 30 days in a Letter Before Action before filing, to show you have made every attempt to resolve.

I paid by debit card - I thought S75 was only for Credit Cards?

And yes I'll give them 30 days LBA - thanks for reminding me of the correct timing of events.

S75 is but chargebacks are for any card

The £35 and the other fees you will have to pay later are simply added to the debt, so if the judge agrees with you then it'll be included in their order. If you actually get it back or not is another matter and depends if the company has the means to pay and/or want to be silly about it and have you add more costs trying to force them to. 

Ok, so for a chargeback, I just ring my bank and kick the process off?

Alderbank

They will probably describe it as 'raising a dispute'.

You do have only a limited time for chargeback. When did you make the transaction and what kind of transaction was it? (you have more time for certain transactions such as buying tickets for a future event)

born_again

DE_612183 said:

Hi, I want to raise a MCOL for £42.99 for a company not adhering to distance selling rights as per consumer act.

I notice that there is a £35 fee.

If I pay the fee and win, I presume I get the £35 back?

Someone mentioned chargeback.
How long ago was the purchase & what are they doing that is not adhering to DSR, as chargebacks do not follow legal regulations.

Are you sure that it is a UK based company? Any link to the site.

DE_612183

Alderbank said:

They will probably describe it as 'raising a dispute'.

You do have only a limited time for chargeback. When did you make the transaction and what kind of transaction was it? (you have more time for certain transactions such as buying tickets for a future event)

Transaction was 23/06 - it was for car mats - they looked a bit cheap when delivered and reeked of rubber, I changed my mind about them.

I asked for a refund and they said that because they had been "customised" they didn't need to refund.

The only customisation was when ordering you specified what colour trim you wanted - it wasn't in addition it was just a selection.