Refund for Service

Muggins

New Member
Sep 28, 2009
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Hello
I am hoping someone can help please
We have been trying to sell our house for over 2 years. Someone told us about an Investment firm in London. Good address and from web site seemed good. Paid for a valuation. Then they said they had a buyer for the amount we were selling our house (if we could find a buyer). They asked for the introduction fee of £917 which we paid by credit card. We received a Notification of Buyers solicitors then the contracts returned as Buyer had not turned up and these solicitors will not be acting for him. Have phoned, emailed sent recorded letter to Investment firm ... but absolute silence.
One of their clauses states that if a Buyer does not complete for any reason within 3 months, then the Investment Company will refund out fee .... but we have only been going since the beginning of September and already they are ignoring us.
Phoned the Card Company this evening and they said that we could not stop the payment and would have to ask for a refund from the Company, but we thought we had some protection
If we had not been so desperate to sell our house, we may have been more cautious
Please can someone let me know what we should do
Thank you
Muggins
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
If the company has gone our of business or you have been scammed then you can make a section 75 claim. The credit card companies will fob you off. State that you want to make a claim under Section 75 of the Consumer Credit Act. See the link below.

You can't claim your money back because of contractual terms unless they are unlawful. Trading Standards may be interested in the unfair terms and can take action, although this will not help you get your money back.

Tony
 

Muggins

New Member
Sep 28, 2009
9
0
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Hello
Thank youfor your seift reply.
I have saved the Acts etc you have mentioned.
Wish me luck!
Muggins
 

Muggins

New Member
Sep 28, 2009
9
0
0
Help
I have just looked on the Investment firms web site and they have placed a notice saying that they can no longer trade due to litigation brought by a certain banking group

In a bit of a state as nothing like this has happened to us before

Can you please let me know what our next step is, as this is sucha lot of money for us

Thank you

(a very frightened) Muggins
 

Muggins

New Member
Sep 28, 2009
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OK so far ...
This morning phoned the tel. on the back of our statement. I believe we may have been through to India. The chap on the other end argued that we would have to ask for a refund from the Company and I kept telling him they are no longer trading. I said I wanted his name and also to speak tohis superior. He then said try the claims department. I phoned and I was through to Ireland. This was not correct they deal with the insurance that covers the card. I asked them for the correct number. They gave me the original number I tried. So tried again and thankfully managed to speak to someone that understood! It was a battle. The position so far is that when we receive our statement we do not pay the payment to the First Direct Investments as he has put dispute on this. He said that this will be investigated and we should hear within 28 days. So we just have to wait.

Thank you so much for your help.

I would like very much to come back and let you know the outcome if I may

Muggins
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Got there in the end. Will be interested to know what the outcome is

Tony
 

Muggins

New Member
Sep 28, 2009
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It became worse today.
The monthly credit card statement came this morning and before First Direct Investment ceased trading they took £915 unauthorised from our credit card. I just could not believe it. So very very worried and upset.

Tried to phone the call centre, but honestly they would not or could not understand what I was saying. I was so very very angry

I sat and read through all the credit card literature and write a letter to every address. Santandar(?). I told them the service I was receiving etc. I sent a letter to Chief Ex. of Asda as it is their card. I explained this is terrible service etc. In large capital letters at the bottom of the letter I asked if someone that is in England and understands english to phone me immediately

So just have to wait and see who phones and if they will indeed help or I receive the runaround....again

Will let you know, but this has to to come right surely. It is bad enough with the firm ceasing trading now this to compund the worry.

Muggins
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
If you have problems with the Credit Card company then you should contact Trading Standards. They can help with a Section 75 claim under Consumer Credit Act.

Tony
 

Muggins

New Member
Sep 28, 2009
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On the 30th Sept. I wrote to Santandar at two address and a copy to A. Bond Chief Ex. of Asda, as it's their card. All recorded delivery

Set out everything that has happened including the comments made by the operators

As at today's date absolute silence from all 3.

Last friday did feel emotionally strong enough to try the call centre again. Grrrrrrrrrrr! All they said was that they were investigating. I said that is the 3 withdrawls (2 authorised before the firm ceased) and one when the firm ceased and they took another £915 of our money with them unauthorised

A long pause ....I repeated my question and then the answer "We are investigating this"

So today have written to the Complaints Department, which is the same as one of the addresses I wrote to on the 30th Sept. Again sent recorded delivery

Will wait until the end of the week to see if someone has the courtesy of sending at least an acknowledgement

If not then Trading Standards

This has never happened to me before, so I do not know the procedure. Surely someone could take a few mins. to explain this. The call centre does not help. Much gets lost in translation, you can hardly hear and the delay on the line is very confusing.

I will be back as soon as I hear anything (ha ha)
Muggins
 

Muggins

New Member
Sep 28, 2009
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Finally, finally received a telephone call from Charge Back dept. of the Credit Card.
Long and short is

She can see the authorised payments of £113 and £915 and also the unauthorised one for £915 BUT she says you have a credit for £915!! I asked from where

She said she was not sure as it has been taken out again

I said who put it in and who has taken it. Hysteria kicking in I am afraid thinking of all these £915's being taken out and we do not know about it

She has put a dispute on the account and has asked that I send a detailed statement, copy letters, agreements etc

So have spent nearly 3 hours sorting out dates, when I phoned who, when I wrote letters to the world and his wife

They are only only in leeds feel like getting on a train and sitting on the office step until I can see a human being and work through this

I have been reading Section 75. Thought I ought to as I keep saying this. Am I correct in thinking that because I used a credit card and not a debit card that I have borrowed money from the card company, so my agreement is with the card company?

The company taking this 2nd payment unbeknown to me - is that theft?

At the moment learning something new everyday!

Will keep you informed - but I am still so very very worried. I think about it a lot night and day really.

Muggins
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Sounds like you are making progress it will get sorted it just takes a while, don't worry. Section75 of the CCA makes the credit card company jointly and severally liable as long as the cost is more than 100 and less than 30000 pounds - it is as if you bought it from them!
 

Muggins

New Member
Sep 28, 2009
9
0
0
Thank you for the explanation.

Posting off letter to Claims Back recorded delivery.

Hopefully it will al be over soon!

Will let you know how we get on

Thank you again

Muggins
 

Muggins

New Member
Sep 28, 2009
9
0
0
At last! Good news!

Received a letter this monring dated 21st Oct. (you would think they would phone due to postal delays)

We have been credited with all our amounts. Thank goodness

They say in the letter " ... charged back these amounts which means a provisional credit for the disputed amounts been applied to your account" It then goes on "If the Merchant provides us with further information that validates the transaction, a debit for these amounts may be placed back onto your account"

Is this wording normal? Is it to cover themselves?

We do not think they will find the "merchant" - long gone by now

Many thanks for all help and support at a time when we were in quite a tizz.

We shall now be cancelling this card completely

Again thank you

Muggins