• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Chargeback processed by bank and retailer issued a LBA - Please help !

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Chargeback processed by bank and retailer issued a LBA - Please help !

    Hi, Am new here and would really appreciate any help anyone can offer please? I am very worried and feel completely out of my depth.

    I purchased a flat pack garden shed online, which was paid for in full by credit card - £ 1800. In a nutshell, the quality of the product was very poor (not as advertised on the website ),some parts were damaged and upon assembly, the parts generally would not fit together properly. Partially erected shed and then decided to take it down, as it was such poor quality and clearly not fit for purpose. Obviously very dissatisfied, so contacted the retailer straight away ( within 30 days ) and requested to return the shed for a full refund. Retailer refused to accept return of the shed and give a full refund, as the shed had begun to be assembled ( their T's and C's ). Only prepared to replace damaged parts. This was not acceptable to me, as replacing damaged parts would not improve the quality of the materials or how the shed fit together. Tried to reason with the retailer, but they would not budge.

    Therefore applied for a Section 75 with the credit card bank. Bank processed a Chargeback and have placed a temporary refund into the credit card account. Retailer has 45 days to dispute - dispute still open.

    Have then received a letter from a solicitor acting on behalf of the retailer referencing an unpaid debt ( the value of the shed plus daily interest from what I calculate is the date of purchase ) to be paid within 30 days. If payment is not received within 30 days, they are instructed to issue immediate legal proceedings without any further notice. LBA Reply Form, Standard Financial Statement and Invoice attached to the letter.

    Invoice they have provided however confirms that payment has been received in full and amount due is nil.

    The LBA Reply Form has to be returned within 30 days, so I appreciate that I need to return this and obviously dispute the debt and provide supporting documents.

    Please can anyone give me some advice regarding completing the LBA Reply Form and what I can provide as supporting documents and also what documents or information I could request from them ? Do I substantiate how this situation has arisen and also provide a copy of the email thread between myself and the retailer ?

    Any advice would be very much appreciated, thank you.
    Tags: None

  • #2
    You need to explain in detail why you consider that the goods you purchased were not of satisfactory quality and therefore that the seller was in breach of its obligations under s9 Consumer Rights Act 2015 to sell goods that are of satisfactory quality and fit for their intended purpose..

    Did you originally reject the goods within 30 days of purchase? If so, make this clear in your reply: you were exercising your 'short term right to reject', and the seller had no right to dispute this..

    If the parts are available for collection,.say so.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Hi, Thank you very much for your prompt reply Atticus.

      I contacted the retailer within 30 days of purchase by telephone and email and advised of my dissatisfaction with the product supplied and the reasons being. At the same time I requested to return the shed and to have a full refund. I didn't specifically say ' I reject the goods'. I requested several times to return the shed or arrange a collection at a mutually convenient time, but was told this was not possible, as they were only prepared to offer replacement parts.



      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

      Announcement

      Collapse
      1 of 2 < >

      SHORTCUTS


      First Steps
      Check dates
      Income/Expenditure
      Acknowledge Claim
      CCA Request
      CPR 31.14 Request
      Subject Access Request Letter
      Example Defence
      Set Aside Application
      Directions Questionnaire



      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





      NOTE: If you receive a court claim note these dates in your calendar ...
      Acknowledge Claim - within 14 days from Service

      Defend Claim - within 28 days from Service (IF you acknowledged in time)

      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
      2 of 2 < >

      Support LegalBeagles


      Donate with PayPal button

      LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

      See more
      See less

      Court Claim ?

      Guides and Letters
      Loading...



      Search and Compare fixed fee legal services and find a solicitor near you.

      Find a Law Firm


      Working...
      X