MegaSack DRAW - This year's winner is user - rgwb
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I got burnt by using credit card for a transaction that I wouldn’t have done if I paid by transfer.
I had a trade do some work. I used my credit card to pay the deposit. They’ve not finished the job and there’s Some stuff I’m not happy with but they’ve just taken the remaining balance as they had my card details.
The bank tell me It’s not fraud as I gave them my details.
I expect you educated single trackers are aware but I naively thought using a card provided protection against having issues!
If you haven't got what you have been charged for, then it's an issue they need to address. They will be exceptionally busy and not want to be liable.
But they are...
The bank tell me It’s not fraud as I gave them my details.
By that logic, anyone you’ve ever paid with the card can keep taking money off you.
You should raise a chargeback for purchase not delivered
https://www.barclaycard.co.uk/personal/help-and-support/know-your-rights
The bank tell me It’s not fraud as I gave them my details.
It's not fraud, it's (potentially) a breach of contract. The phrase you're looking for here is "section 75 of the Consumer Credit Act," that's what you're claiming against. It's not fraudulent to take payment for work a customer has ordered, that's how "buying things" works.
Though, you've made no mention of what the traders have said. How long have you been waiting? Have they given any indication of when they expect to complete the work? A CC claim will likely expect you to have run out of other options first.
Section 75 summary:
If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
Also a question of them storing credit card details.
ie how do they make sure it is kept secure. Are they complying with data protection and PCI DSS?
They did agree to come back and fix some of the stuff albeit not everything. They suggested one date which I said I couldn’t do. Not heard from them after I said this but next thing I know is my credit card is contacting me since my limit is breached as they’ve billed the final payment.
I am a bit miffed that they can do this and the bank is basically happy to let them. As is said anyone you’ve used a card with could charge you and then the onus is on you to prove they shouldn’t have done.
Many years ago when I tried to use section 75 it wasn’t worth it as I needed to prove that the company hadn’t done what they should have but wasn’t exactly clear how I was to go about doing that so I gave up.
Try again on section 75.
I did it a couple of years ago, M&S were superb.
I've just done it again for EasyJet, again HSBC within 24 hrs have responded to with more information.
For something like easyJet presumably the flight either happens or it doesn’t.
Whereas plumbing/building work that is not quite right or bits not done/supplied yet billed for it is much harder to say as the company will say we did it and offer to rectify and I’ll say yes gave one offer to rectify some of it, what about the rest and given this covid thing you can’t have anyone unnecessary visiting, so not clear when you can do it anyway. Cue mummy saying look kids stop bickering.
It’s the fact that they’ve been able to take the full payment without my consent that really irks me!
I used S75 after getting bummed by Music Magpie for a phone that didn't work.
Tesco and Mastercard had rules that had to be obeyed. I was sent a phone, but it didn't work properly. Is that very different to they have doen some work, but it#'s a bit crap? And the fact they have billed without your agreement is shady, to say the least.
Ring them and insist. If they say it's not, ask why not.
I wouldn’t argue this under S75 - this is a straight forward unauthorised payment.
It’s the fact that they’ve been able to take the full payment without my consent that really irks me!
CC companies have to allow this for e.g. telephone payments (cardholder not present) but the key is cardholders authorisation.
Suggest you phone the cc company and tell them you did not authorise that payment - they do take a dim view of people taking money without authorisation for obvious reasons - it’s theft.
