Credit Card dispute leading to court procedures
Loobc
Forumite 16 Posts
in Credit Cards
Hi All,
I wasn't really sure where to pop this thread as there's a few issues I guess but it started with a credit card so thought I'd post here.
I purchased an item back in July 2021, I contacted the merchant to start a return and they never replied to my email, the address they had on their site differed to the address where the item was sent from (address was on the item when it arrived) furthermore when I looked at the return policy it advises to email to start the return however it isn't 100% needed, it also goes on to say you may not get a refund unless you email us, all slightly misleading.
I waited 14 days to receive a reply, this never came so I started a dispute with my credit card provider a week or so later I got an email from someone at the company (a different email address to that registered on the site) falsely accusing me of fraud and telling me that it will impact my credit file and future online purchases. The company said that I could return the items but due to the claims and threats they made I felt slightly concerned that something could happen to my credit file etc.
I wrote back advising that due to their message I am concerned about the impact it could have and that I would rather let the companies (my credit card and their payment provider) deal with the matter, I thought that if they agreed with me I would be advised to send the items back and that would be that, I would have full recourse if something happened.
A few weeks later I received an email stating the company had previously contact me several times regarding an outstanding bill (they had not) and that I owed them money, I contact my card company who advised they had settled the dispute in my favour. I responded to the merchant advising I was unwilling to pay as I had attempted to return the goods within my 14 day return window but I would be happy to send the item back to them, the merchant responded and refused the return saying it was out of there returns window (14 days) and I would have to pay the full amount owed.
I responded again saying that I am not paying for something I tried to return and I'm happy to return the item just let me know where they want it sent, they never responded and today I got an email from HM Courts and Tribunals Service for a civil money claim.
Whilst this is only for the sum of £79 it now has extra fees and charges against it, I really feel I have done everything I could to resolve this and the return is only being held back by the merchant now refusing to accept the item back.
Any advice would be great, I have spoken with Citizens Advice who advised me I have done everything correctly and I should be ok but if I'm honest with you I do not feel like that really acknowledged the situation.
Many Thanks
I wasn't really sure where to pop this thread as there's a few issues I guess but it started with a credit card so thought I'd post here.
I purchased an item back in July 2021, I contacted the merchant to start a return and they never replied to my email, the address they had on their site differed to the address where the item was sent from (address was on the item when it arrived) furthermore when I looked at the return policy it advises to email to start the return however it isn't 100% needed, it also goes on to say you may not get a refund unless you email us, all slightly misleading.
I waited 14 days to receive a reply, this never came so I started a dispute with my credit card provider a week or so later I got an email from someone at the company (a different email address to that registered on the site) falsely accusing me of fraud and telling me that it will impact my credit file and future online purchases. The company said that I could return the items but due to the claims and threats they made I felt slightly concerned that something could happen to my credit file etc.
I wrote back advising that due to their message I am concerned about the impact it could have and that I would rather let the companies (my credit card and their payment provider) deal with the matter, I thought that if they agreed with me I would be advised to send the items back and that would be that, I would have full recourse if something happened.
A few weeks later I received an email stating the company had previously contact me several times regarding an outstanding bill (they had not) and that I owed them money, I contact my card company who advised they had settled the dispute in my favour. I responded to the merchant advising I was unwilling to pay as I had attempted to return the goods within my 14 day return window but I would be happy to send the item back to them, the merchant responded and refused the return saying it was out of there returns window (14 days) and I would have to pay the full amount owed.
I responded again saying that I am not paying for something I tried to return and I'm happy to return the item just let me know where they want it sent, they never responded and today I got an email from HM Courts and Tribunals Service for a civil money claim.
Whilst this is only for the sum of £79 it now has extra fees and charges against it, I really feel I have done everything I could to resolve this and the return is only being held back by the merchant now refusing to accept the item back.
Any advice would be great, I have spoken with Citizens Advice who advised me I have done everything correctly and I should be ok but if I'm honest with you I do not feel like that really acknowledged the situation.
Many Thanks
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The bank has done a chargeback and so taken the money back from the merchant and give it to you. Banks are not the courts and do this fairly arbitrarily (they follow the scheme rules of Mastercard/Visa etc but most merchants will say its a process weighted in the consumer's favour).
You should have returned the item when they instructed you to at which point they'd have had their product, you'd have had your money and things would have been finished.
The threat of your credit file being impacted is an old one and only half true, if they go to court for the £79 (plus fees etc) and the court awards them the claim and you dont pay the court order within 30 days then absolutely you get a CCJ against your CRA records but it needs all those steps to happen... even if they win in court, if oyu pay it within 30 days it doesnt go onto your record.
Whether you can avoid the fees by paying up now I don't know, but it's the best course of action open to you. Failing that, you can take your chances in court and be ready to pay quickly if they rule in favour of the claimant.
I know they are currently testing an online only service, but the normal process is to receive a claim pack in the post.
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The court had nothing to do with the threat, it was the first interaction the person had with me, calling me a fraudster and saying why am I claiming the items weren't received (I never said they were not)
Preview
I guess not accepting a return counts as a breach of contract?
They said you could return the item and for whatever reason, you didn't follow through on that. You could have asked them for the return details then. It's not really falling under the 'every effort was made' category.
How much visibility did you have of the dialogue between your card provider and the merchant? It seems odd for the merchant to assert that you were claiming non-receipt if you weren't....