What rights do I have to stop a Credit Card payment after paying for someting

puddy

I was clamped today and obviously felt I had no choice but to pay the £100 i was charged for the removal of the clamp. I paid on my credit card because I had read somewhere on here that I may be able to get it stopped afterwards, something I obviously couldnt do with cash or a debit card.

I rang the credit card people afterwards and the woman I spoke to said this wasnt possible. I argued that surely if I had written a cheque I could chose to get that stopped, and she said if it had been with a cheque guarentee card, I couldnt.

anyway, is it worth ringing back tonight and asking again or have I got my wires crossed about stopping a credit card payment?

MarkyMarkD

You can't "stop" a credit card payment.

But if you purchase something defective on a credit card, or suffer a fraudulent transaction, you have the right to get it refunded by the card issuer.

As neither of those situations applies here, you have no rights. You voluntarily (effectively) paid the £100.

If the clamping was illegal, you need to reclaim the £100 through the small claims court, not try it on with your card issuer who isn't responsible.

notisis

Similar thing happened to me. Solicitor advised to pay by credit card to get the clamp removed, then appeal to the parking company (as I had displayed my parking permit and plenty of witnesses to prove it too!). Parking company refused the appeal. Applied to small claims court using all witness statements I'd gathered and photographic evidence of permit being displayed and the notices displayed in the car park, won the case and the parking company didn't turn up anyway for the hearing. The parking company didn't pay up and address given was merely a holding address so the bailiffs couldn't seize anything. Went back to credit card company enclosing copy of Judgement etc and got the original clamp fee refunded but not the court fees, so still about £80 out of pocket but the judgement is still on file and I got the £255 original fee back!

Good luck but you need to make sure you really do have a basis for challenging the clamping. There are a couple of websites which give you good guidance on what is lawful clamping and what isn't.

NickX

Parking Clampers are even more lowlife than Debt Collectors IMO

What a terrible society we live in that the Clampers were found to be at fault but got out of refunding the money that they had illegally obtained because they did not have a valid address ??

This sort of thing makes me mad :mad:

MarkyMarkD

I don't understand, notisis, why you accepted partial settlement from the card company. In your circumstances, once you'd got judgement, the card company were jointly liable with the clampers for the full refund.

Altarf

notisis wrote: »

Similar thing happened to me. Solicitor advised to pay by credit card to get the clamp removed, then appeal to the parking company (as I had displayed my parking permit and plenty of witnesses to prove it too!). Parking company refused the appeal. Applied to small claims court using all witness statements I'd gathered and photographic evidence of permit being displayed and the notices displayed in the car park, won the case and the parking company didn't turn up anyway for the hearing. The parking company didn't pay up and address given was merely a holding address so the bailiffs couldn't seize anything. Went back to credit card company enclosing copy of Judgement etc and got the original clamp fee refunded but not the court fees, so still about £80 out of pocket but the judgement is still on file and I got the £255 original fee back!.

As MarkyMarkD mentioned if the amount is over £100, under section 75 of the Consumer Credit Act the credit card company has joint and several liability with the clamping company.

In such circumstances I would have taken the credit card company to court, not the clamping company (obviously after providing all the evidence to the card company with a 30 days before action letter).

If you had taken that route, I very much doubt it would reach court as they would most likely just settle and do a chargeback to the clamper, but if it did end up in court then there would have been no problem with payment.

LoveShackLady

I purchased an item on the internet that was a free sample with only $1.95 p&p charge. It wasn't untill after my C/C details went through to pay this that I got the actual final figure. The $1.95 p&p (for which I got a confirmation email) turned into $2.95 p&p plus $9.95 International charges. Not once during the whole purchasing process was any mention made as to the international charges or any option to accept the final total payment. And no explanation as to why the quoted p&p went from $1.95 to $2.95. Surely I must be able to stop this???