Stop Payment Transaction?

Richchad

I booked a motorhome online last week, then paid a deposit via credit card the following day by phone, when T&Cs arrived next day decided not to go ahead, emailed them cancelling.
They want to charge me an administration fee as I accepted their T&Cs when booking online.
I thought under the Distant Selling Regulations I had a 7 day cooling off period where I could cancel without penalty?

Should I get Capital One to withhold payment?

battyboimatt

A credit card is a quarented payment and you wont be able to stop it, you could try a chargeback after the payment has gone though

Richchad

battyboimatt wrote: »

A credit card is a quarented payment and you wont be able to stop it, you could try a chargeback after the payment has gone though

Thanks for that, payment has probably gone through as it is showing up on my online statement, how does a chargeback work?

exel1966

You don't have grounds for a chargeback as you should have checked the T&C's before proceeding with the contract.
Chargebacks are for non-receipt of goods where companies go into bankruptcy etc/ faulty goods / damaged goods etc
Card companies will not pay out simply because you changed your mind.

Richchad

exel1966 wrote: »

You don't have grounds for a chargeback as you should have checked the T&C's before proceeding with the contract.
Chargebacks are for non-receipt of goods where companies go into bankruptcy etc/ faulty goods / damaged goods etc
Card companies will not pay out simply because you changed your mind.

It wasn't simply because I changed my mind, it was because I didn't like some of the T&Cs, and as I said, isn't this exactly why they have the Distant Selling Regulation so you can change your mind?

Tozer

Distance Selling Regs do not apply to "accommodation, transport, catering, and leisure services".

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/regulation-exceptions

exel1966

Richchad wrote: »

It wasn't simply because I changed my mind, it was because I didn't like some of the T&Cs, and as I said, isn't this exactly why they have the Distant Selling Regulation so you can change your mind?

You didn't agree/like/accept/understand the T&C's, call it whatever, therefore you changed your mind !
Distant Selling Regs have nothing to do the Consumer Credit Act which is what a 'chargeback' would have been based on.
I think a small admin fee is quite acceptable for cancelling your contract.

Richchad

Well, just had an email from the company, taking note of my comments about the Distant Selling Regulations, and is refunding my money in full, he did point out that accommodation, transport, catering, and leisure services are excempt from this.

However in view of me cancelling the next day he felt it was unfair to charge an admin fee as they hadn't done anything.....so there is some justice in the world, good job they aren't all like you exel 1966 :rotfl:

As for the chargeback I am sure it would have been valid if they had taken my money when they shouldn't have done for whatever reason. :rolleyes:

exel1966

Amazing, it all suddenly sorts itself out ! Quell Surprise !!! lol

Shame they gave you a refund (if they did) !!! I would have charged you triple for your arrogance in thinking that you were entitled to something ! :rolleyes:

Richchad

exel1966 wrote: »

Amazing, it all suddenly sorts itself out ! Quell Surprise !!! lol

Shame they gave you a refund (if they did) !!! I would have charged you triple for your arrogance in thinking that you were entitled to something ! :rolleyes:

I am not a liar, I was as surprised as you, and I was entitled to something as they obviously realise they were a bit hasty....here is the email, believe it or not, it's up to you........you do seem to have a bit of a problem..
Hi,
Thanks for your comments regarding the distance selling regulations. I have to admit that we have never had this issue raised before and so I was unaware of the seven day cooling off period – so I have learnt something useful today!
On reflection, I should not have insisted on the administration charge, bearing in mind the timescales involved, so apologies that you caught me on a bad day. The distance selling regulations do actually have exclusions for cancellation issues where they relate to accommodation, transport and leisure services (which may make interesting reading of the small print for future knowledge) but I shall arrange for the deposit paid to be refunded to you in full tomorrow and trust this meets with your approval.
If we can assist in any other way or if you have any questions or comments then please do not hesitate to contact us.
Regards,

Tozer

exel1966 wrote: »

Amazing, it all suddenly sorts itself out ! Quell Surprise !!! lol

Shame they gave you a refund (if they did) !!! I would have charged you triple for your arrogance in thinking that you were entitled to something ! :rolleyes:

What a wonderful charitable attitude. Not.