Retailer accepted chargeback. Now they are taking me to civil court to get it back

[Garda]

Hi all, I hope someone can offer some help regarding this situation.
The item I purchased from this retailer in my opinion was poorly manufactured. I tried for two months to complain to the retailer, who refused to accept that it was faulty.
So as I had paid by credit card, I contacted my bank, and they agreed to do a chargeback. On the second attempt, the chargeback was accepted.
Two months later, the retailer emailed me to say that I owed them the money. I contacted my bank who said that I didn't owe them anything. The retailer wouldn't accept this, and continued to hound me for the money. I contacted my bank several times about this situation, and each time they said I didn't owe them the money, and told me to ignore their emails and phone calls.
However now I have received a civil court claim form, to recover the chargeback amount. Can they do this? The bank have now washed their hands of it, and have said to get legal advice.
I don't know if it is worth defending, or do I pay up.
Thanks

[echat11]

Hi GARDA

Welcome to LB

Chargeback rules are made by Visa / Mastercard not the banks.

The retailer has signed up to the 'Chargeback Scheme', one of the reasons why the Scheme exits so disputes are resolved.

Contact Visa / Mastercard see if the retailer is breaking their Scheme Protocols by litigating.

https://www.visa.co.uk/support/consumer/visa-rules.html

If you are going to Defend it gather all the facts / evidence. We can help with the Defence.


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Copy and paste your responses back to this thread without personal information.


Received a claim? Yes/No:
Issue Date:
Have you Acknowledged the Claim?:
Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000)
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt (eg. Credit card/Loan/Overdraft) :
Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):
List any letters you have sent (eg: CPR ):
Any Other Information or Background Details:


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a) Firstly Acknowledgement of Serivce, this can be done online via MCOL, you are denying the whole debt.
Acknowledgement of Service gives you 14 + 14 days. Delete any reference to CCA 1974 in the letters below.

b) Send them a CPR 31.14 request.. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) Send them a Subject Access Request. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Work out when your defence has to be lodged with the Court and the Claimant, aim for within 28 days, make a note in your diary, don't forget. Post on this thread 5 days before your Defence is due, so we can take a look.

[Garda]

Received a claim? Yes
Issue Date:21/11/23
Have you Acknowledged the Claim?:No
Total Amount Claimed : (£350
Claimant’s Name: xxx
Solicitors Firm :none
Original Creditor: xxx
Original credit card) :
Particulars of Claim: ( Breach of contract. Chargeback. £300 05/05/23
Is the debt Statute Barred (Yes a lot of contact via email and phone in the last year.
List any letters you have sent ( legal claim form
Any Other Information or Background Details. At every stage my credit card bank, told me I didn't owe the money and to ignore them, I phoned Mastercard, who confirmed that the chargeback was accepted. Mastercard put me through to the retailers bank, who confirmed that the chargeback was accepted, and told me not to worry as I didn't owe the money to the retailer. I emailed the retailer with all this information, and they just replied saying I still owe the money.
Thank you for your help..

[echat11]

Received a claim? Yes
Issue Date:21/11/23
Have you Acknowledged the Claim?:No
Total Amount Claimed : (£350
Claimant’s Name xx
Solicitors Firm :none
Original Creditor: xxx
Original credit card) :
Particulars of Claim: ( Breach of contract. Chargeback. £300 05/05/23
Is the debt Statute Barred (Yes a lot of contact via email and phone in the last year.
List any letters you have sent ( legal claim form
Any Other Information or Background Details. At every stage my credit card bank, told me I didn't owe the money and to ignore them, I phoned Mastercard, who confirmed that the chargeback was accepted. Mastercard put me through to the retailers bank, who confirmed that the chargeback was accepted, and told me not to worry as I didn't owe the money to the retailer. I emailed the retailer with all this information, and they just replied saying I still owe the money.
Thank you for your help..

Can you remove the Claimant's name?

Particulars of Claim is what it says on the claim form under that heading.

[Garda]

Hi GARDA

Welcome to LB

Chargeback rules are made by Visa / Mastercard not the banks.

The retailer has signed up to the 'Chargeback Scheme', one of the reasons why the Scheme exits so disputes are resolved.

Contact Visa / Mastercard see if the retailer is breaking their Scheme Protocols by litigating.

https://www.visa.co.uk/support/consumer/visa-rules.html

If you are going to Defend it gather all the facts / evidence. We can help with the Defence.


---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


Copy and paste your responses back to this thread without personal information.


Received a claim? Yes:
Issue Date: 21/11/23
Have you Acknowledged the Claim?: No
Total Amount Claimed : £350
Claimant’s Name:
Solicitors Firm: None
Original Creditor:
Original Debt [I]( Credit card
Particulars of Claim: ( Breach of Contract 05/05/23 Chargeback £300
Is the debt Statute Barred ( Yes. I have had contact several times over the past year.
List any letters you have sent Legal claim form.
Any Other Information or Background Details: My credit card company, along with Mastercard, and the retailers bank, have all told me that the chargeback was accepted, and that I don't owe the retailer any money. I gave all this information to the retailer, via email, and all they said was that I still owed them the money.
Thank you.


-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


a) Firstly Acknowledgement of Serivce, this can be done online via MCOL, you are denying the whole debt.
Acknowledgement of Service gives you 14 + 14 days. Delete any reference to CCA 1974 in the letters below.

b) Send them a CPR 31.14 request.. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...-of-documents/

c) Send them a Subject Access Request. Make sure you get Proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Work out when your defence has to be lodged with the Court and the Claimant, aim for within 28 days, make a note in your diary, don't forget. Post on this thread 5 days before your Defence is due, so we can take a look.

xxxx

[Garda]

Can you remove the Claimant's name?

Particulars of Claim is what it says on the claim form under that heading.

I don't know how to delete the name

[Garda]

Sorry, I don't know how to delete the claimants name.

[echat11]

Sorry, I don't know how to delete the claimants name.

I've sent Admin a request to do that.

[Garda]

Thank you

[ULA]

Information removed