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Time Tiny branded equipment purchased from other retailers

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  • 1. Version 8-Updated 5.8.05. This guide is updated as new information becomes available. LANCASHIRE TRADING STANDARDS ADVICE ON COMPLAINTS CONCERNING TIME GROUP COMPANIES Link to guide for purchasers who paid by debit card Link to Frequently asked Questions Step-by-Step guide to taking a complaint Link to guide letter to Finance and Credit Card Companies Over 90% of customers who have purchased computers equipment, plasma screens, warranties or other products have legal rights that they can pursue. Please use this guide to help understand where you stand and what you can do to seek redress if you have a problem. The Collapse of the Time Group who traded as Time Tiny and the Computer Shop has affected over a million current and previous customers. Lancashire Trading Standards as the Home Authority for the business would want to emphasise that the overwhelming majority of customers of the Time Group companies will be able to get redress or compensation if they have a problem with computers, plasma screens or warranties they have purchased. It is understood that over 90% of customers will have paid for their purchase using a credit card or using finance agreements introduced by the Time Group. Under S75 of the Consumer Credit Act 1974 any claim for breach or contract or misrepresentation that a consumer had against the supplier of the goods can be taken against the credit card or Finance company. It does not matter if the credit card transaction was paid in full at the end of the month. It does not matter if only a small part of the price was paid for by credit card It does not matter that you paid off the finance agreement at the end of the interest free period or if the agreement has been subsequently settled. Only if you paid by cash or cheque in full at the start of your dealings with time will you have no means of redress other than through the Administrators. (With payment by Debit Card you may have some rights for recent purchases see the Debit Card specific guidance) If you had a justified claim against a Time Group company then you are very likely to have an avenue of redress with your Credit Card Company, your Finance Company and in more limited circumstances your Debit Card issuing bank
  • 2. THE FOLLOWING ARE THE AREAS WHERE CLAIMS MAY BE MADE: Computer Hardware, Software Plasma Screens and other Electrical Goods Paid for goods not supplied Good supplied different from that ordered Goods faulty within 6 months of supply Goods faulty after 6 months Received goods within 7 working days and had made request to cancel the agreement under Distance Selling Regulations Received goods and wished to exercise right of cancellation provided in the Time Group contract Ongoing dispute with Time that had not been resolved Warranty and Support The lack of a Return to Base warranty provision The lack of an accessible customer support line Payment for premium rate calls where problem is faulty goods and not related to customer misuse Where premium warranty purchased failure to provide the service paid for. Ongoing dispute with Time that had not been resolved If you have a fault, complaint, issue or other concern you would have taken up with Time then you should take it up with your credit card company, your finance company or in more limited circumstances your Debit Card issuing bank While it has to be emphasised that the right to redress reduces according to the period since purchase, the potential time period for a claim is 6 years. Consumers with the final year of a 5-year warranty have a valid and sustainable claim if no comparable warranty service is put in place. This guide is designed to cover as many situations as possible. Use the option(s) that help resolve your particular problem. You have every right to use options simultaneously if they apply. It is in your interest to consider the information provided where you have purchased goods or warranty services from the Time Group even where you currently have no problems. All customers of Time Group with a valid claim. All customers who have a valid complaint/claim in relation to goods or warranties purchased from a Time Group Company would now have to make their claim against the Administrators: Grant Thornton Grant Thornton House Melton Street London NW1 2EP Unfortunately the prospect of any redress or compensation is unlikely. You are however advised to register your complaint or claim with the Administrators in the event that assets become available to satisfy claims.
  • 3. Please be aware that where you have paid partially by credit card, e.g. the deposit, or where you initially agreed to deferred payment your purchase is covered by the provisions of S75 Consumer Credit Act 1974. This gives you rights against the finance company involved even where the credit payment is small or where full payment made at end of deferred period. Purchase of goods or services by Credit. Where you have purchased computer equipment or services, such as extended warranties, using a credit facility then the bank or finance company involved has equal liability under S75 of the Consumer Credit Act for breach of contract or misrepresentation. ie. You can claim against the finance company for faulty goods , undelivered goods or non provision of services. NB Business purchasers who are not Limited Companies are protected by this provision. The cost of the individual goods purchased must be more than £100. If the goods were sold as a package then the package is the individual item. If you have a current problem, or have one in the future, that you would have looked to the Time Group resolving then if you used credit then you have a claim against the credit provider. This applies where you purchase by the following means: • Credit Card, whether in full or partial payment • Credit Agreement arranged through/by the Time Group. • Deferred payment where you paid off in full within the time period for interest free credit. It does not apply to situations where you pay by: • Debit cards or charge cards. (Some of these cards may include the Visa or Mastercard logo but they are not credit cards as payment is made in full directly from your bank account. See guidance on limited rights with Debit Cards) • Loans you arranged yourself. If you have purchase by credit, consumers with concerns should ensure they have registered their complaint with the Administrators by e-mail of letter. If the matter cannot be simply resolved the consumer should ensure that their complaint is registered with the credit card or finance company involved. Time Tiny branded equipment purchased from other retailers Some retailers (including Asda, Tesco and Woolworths) sold Time and Tiny computers as boxed systems and packages. Your rights remain against the seller of the equipment. This applies however you paid for the goods, cash credit card, debit card, store card etc. If the package supplied included support, the retailer has liability for the services that Time Group had agreed to provide. This will not apply to arrangements, for extended warranty packages that you made, after purchased, directly with the Time Group. If you have purchased an extended warranty directly then you are in the same position as a Time Group customer and if you used a credit card to purchase you should ensure you pursue your claim with the Credit Card Company involved As support will no longer be provided it is in your interest to verify how the retailer intends to provide the necessary service in the future. If no arrangement is put in place you will have a potentially valid claim for damages for the cost of providing comparable support.
  • 4. Some retailers are continuing to sell Time Packages without advising of the Time Groups failure. The goods include the support provided and purchasers should look to the retailer for redress if suitable comparable support services are not made available. Goods ordered, paid for, but not yet supplied The legal situation with deposits and pre-payments is complex. If the goods exist you as a consumer may have a valid claim for the item or for some part of its value. The Administrators will have regard to this in dealing with claims made. Please bear in mind that it can take a significant time for a company in Administration to resolve its assets and liabilities. If you have any other route to make a claim, i.e. have paid by credit card in part or full, then you should pursue the alternative route of redress that is more clear-cut and straightforward. The joint administrators have set up a dedicated help line to assist customers and creditors, including those customers who have recently made purchases but have not yet received their goods on 0870 381 7097 This number has been difficult to connect to and some callers have received unobtainable tone. Grant Thornton are now requesting consumer enquires are done by email to Enquiries-time@gtuk.com The receivers also say that there is an existing customer helpline that is active on 0870 830 3288 Alternatively you can register your claim dispute by contacting them at: Time Group in Administration Grant Thornton Grant Thornton House Melton Street London NW1 2EP Equipment in possession of Time Group for repair/upgrade. The goods are yours and should be returned to you. There is an existing customer helpline that is active on 0870 830 3288 It has to be accepted when a company goes out of business that tracking and location of goods becomes difficult. If the goods cannot be traced the claim you would have a claim under Torts Interference with Goods Act. As it is likely that no monies will be available for claims of this nature it is in your interest to make known your claim for the equipment as soon as possible to maximise the possibility of it being traced. If the goods cannot be located the position depends on the circumstances and the method of payment.
  • 5. For equipment at Time Group for a repair under warranty, you should pursue your claim against the Finance company or Credit Card company. Your claim is for the value of the goods. This is not necessarily the cost you initially paid. You would also have a claim for the unexpired portion of any extended warranty you had purchased. For equipment at Time Group for upgrade etc ( not warranty or repair works) The claim depends on how you paid for the upgrade and its cost. As long as the cost exceeded £100 and you paid partially or in full by credit card, then you have a valid claim for the costs incurred AND the value of the equipment as consequential loss. Warranties Guarantees and Statutory rights If people are having a specific problem with a warranty then they can call 0870 166 8812 Your rights for faults which occur, or may occur in the future, depends on the purchase made. Whether they apply to you depends on the situation and circumstances. Please bear in mind that your rights are against Time Group or the company who sold the system to you. If you have paid cash or used a debit card for a purchase from the Time Group the possibility of any redress is unlikely. The possibility of redress depends on having used credit card, taken up credit facility offered through Time Group or where the purchase made via a third party retailer. All consumers are entitled to the equipment supplied being fit for purpose and of satisfactory quality under the Sale of Goods Act. Where a fault arises within the first 6 months and the consumer requires a repair or replacement the burden of proof is on the seller to show the goods were compliant with the contract at the time of supply. In addition to statutory rights Time Group provided a 12-month Return to Base Warranty with agreed procedures for dealing with problems that may arise not necessarily covered by the consumer’s rights under the Sale of Goods Act. This included the provision of a technical support service. As an optional additional product Time Group also provided an extended warranties for an additional charge depending on its length/coverage etc. The failure of Time Group has clearly left ALL customers potentially being without the support and service they purchased. Whether or not it is immediately required is not relevant as the service they purchased, either as part of the product supplied or as a service at additional cost, included in effect an insurance against problems that may arise. The lack of this gives rise to a potential claim against the credit provider. It is in all purchasers’ interest to verify how this is going to be provided. It is hoped and expected that the finance company and the credit card companies will put in place appropriate support for their customers. Goods Received but yet paid for on extended credit terms Subject to the agreement having been properly drawn up the credit agreement is still enforceable and payment is due. You do however have rights against the finance company involved. It is in your interest to verify how the Finance company is going to fulfil the obligations under the contract. If you have any doubt as to the agreement documentation you should contact your own Trading Standards Service for clarification.
  • 6. FAQs and Situations I have paid on Wednesday over the Internet. Have I any chance of getting my money back? If payment was made after administration of the companies [11.30 on Wednesday 27.7.05] then the money will be safe whatever the method of payment. If you paid before administration By debit card then the money forms part of the assets of the company. You will be an unsecured creditor. If you paid by credit card then you should make your claim against the card company. I am awaiting delivery of an order. It is unlikely you will get any goods. The carriers Time Group used quickly delivered goods. You should accordingly make a claim. If you paid by Credit Card make your claim to your credit card company If you had entered into a credit agreement contact the company to ensure agreement is cancelled. If you paid part by debit card and the residue by credit agreement then the finance company has liability for the debit card transaction. Am awaiting delivery or recently received within 7 working days. You have a right under Distance Selling Regulations to cancel contracts concluded at a distance up to 7 working days after delivery. You can exercise this by posting a letter of cancellation. It would be good practice in the circumstances to send a copy of the cancellation to the Credit Card or Finance company I have goods at time for repair/upgrade. The Administrators will be endeavouring to resolve problems of repaired goods as soon as possible. Contact the company by e-mail Enquiries-time@gtuk.com If the goods are returned and are still faulty not repaired your rights depend on how you paid. I have received my goods in the very recent past. Can I reject? If you have paid by credit card or by Finance you are have the same rights against the Finance companies involved as you would have had against Time Group. The goods include the associated services that Time Group provided. This included as a minimum a 12 month Return to Base Warranty and customer support lines. If suitable arrangements are not put in place by the finance companies or Credit Card companies you have a sound claim to reject the goods. The case for rejection is more compelling the closer you are to the date of delivery. If you have only just received the computer you have a stronger case than if you had received the computer 3 weeks ago. I want to reject, as I am not going to have confidence in the back up I will receive. Contact your Credit card, or Finance company immediately and advise of the rejection. I have not got back up software in case the computer crashes. How will I get the system up and running? Time systems were provided with an OEM preloaded version of software. A back up of the software was provided on a partitioned part of the hard drive. A reload disc was sold to consumers. If this is now not made available then there is a strong argument that the goods are not of Satisfactory Quality. You will have a valid claim against the Credit Card or Finance company.
  • 7. My modem was optimised to Supanet ISP how do I now get it reset? Time provided a download to disable this. If not available on Supanet web page then you should go to your Credit Card or Finance company. My computer is faulty I have had it for less than 6 months. You have a right to request a repair or replacement if a fault arises in the first 6 months under the Sale of goods Act (as amended). You have a right to pursue this against the Credit Card or Finance company involved. The assumption is that the fault was in existence at the time of supply. In the event of it not being shown that the fault did not exist the repair replacement should be provided “ without significant inconvenience to the consumer” If the problem is not sorted quickly the consumer therefore has the right to pursue a claim for a full or partial refund. While the consumer should accept some delay the turn around of the complaint should be reasonable. If arrangements are not put in place to provide ongoing support then a full or partial refund can be claimed. My computer is faulty I have had it more than 6 months. You as a consumer have to prove the computer is faulty. Once you have done this the Credit Card or Finance companies have liability for the faults. Register your fault by e-mailing: Enquiries-time@gtuk.com If the matter is not resolved and you can prove that the fault exists contact your Credit Card or Finance company I have an extended warranty will it still be supported. It would be hoped that some support will continue in the short term. A number of staff have been retained to provide technical and customer support. If you have doubts about this you should register your claim against the Credit Card or Finance company. I paid for my computer system at the end of the interest free period by cheque/debit card. You have rights against the finance company involved. You will have entered into a credit agreement with an option of early payment without penalty. You still retain your S75 rights against the Finance company involved. I am still in the interest free/ deferred period do I have to pay? If the agreement was properly set up then it is enforceable and valid. Please however note that you were buying a computer and the associated support. If the support is not made available or you have problems with the computer you have a claim against the Finance Company under S75 Consumer Credit Act. In the absence of any irregularity you would be well advised to take advantage of the deferment/interest free option rather that incur interest charges. Payment in full on the agreement does not end the liability of the Finance company for faults or failure to provide contracted services. What do you mean by irregularities in Finance Agreements? The Consumer Credit Act lays down strict requirements for documentation and the way in which it is filled in. If certain requirements are not satisfied the agreement may be unenforceable. • Both you the consumer and the Finance Company must sign the agreement. If you were sent the agreement but did not sign then there is no agreement. • If you discussed the purchase of the computer in The Computer Shop retail outlet AND then purchased over the phone or over the Internet you should have cancellation rights on your agreement.
  • 8. If either of these occurs then the agreement is unenforceable. Will I get further information on what is happening? If you register yourself with the Administrators you will be kept informed. If you have any concerns over the goods or services you purchased then you should seek advice of the Credit Card or Finance companies Continued next page
  • 9. STEP-BY-STEP GUIDE TO SEEING IF A COMPLAINT CAN BE MADE AND HOW TO DO IT. Please follow the simple steps to see if you can resolve your problem. Who can I take action against? You will have a claim against the Time Group through the Administrator. It is however unlikely there will be any money for unsecured creditors. You should however register your claim. You are however likely to have others you could take action against according to how did you pay? I paid by Credit Card You have rights against the credit card company if you had a justifiable claim against a Time Group company. But I only paid the deposit. It does not matter. As long as the cash price of the goods was more than £100 you can take action against the Credit Card Company under S75 of the Consumer Credit Act 1974. I paid the bill in full. Not important. As long as you have paid by credit card you can take action. I’ve lost the receipt. The obligation is for you to prove that you paid by this means. But it is only proof on balance. You have no problem starting the process although it would of course be better if you had some proof. Check to see if a credit card statement or the Time Group receipt makes any reference. I paid by a cheque, or cash. Unfortunately you have no one to make your claim against other than the Administrator. (Unless you only paid this way after an interest free or deferred credit period in which case see below.) I paid by debit card. For complaints with non-delivery, where the goods were delivered faulty or for faulty goods soon after purchase you may have a right to some redress. Contact your card issuer and ask them to charge back the transaction. Failure to do this could give you a claim that could be taken to the Financial Services Authority. Guidance on limited rights with Debit Cards I paid by a Credit agreement or a credit agreement had been set up. You have rights against the Finance Company if you had a justifiable claim against a Time Group company. But I paid the cash price within the interest free period. Not important. As long as a credit agreement existed when you agreed to purchase then you can take action.
  • 10. The agreement has not yet started. Do I still have to pay? The agreement stands on its own and you need to consider carefully whether you have a right to repudiate the whole contract and be released from the credit deal. If you have a major problem this may be a possibility but you should take advice on your particular complaint. You need to avoid the risk of having liability for interest which you may have avoided. Your rights against the finance company still exist even if you pay the credit agreement off. Do I have an actionable complaint? On a practical basis you do not have an actionable claim if a comparable service has been put in place by for example: • The Administrator while he is running the business • The Finance company you purchased through • The Credit Card Company you purchased through or Time Groups merchant acquirer. Your rights under S75 of the Consumer Credit Act are clear and comprehensive. It would be hoped that a suitable arrangements will be put in place. While it is reasonable to allow some time for this to be put in place it should not put you to significant or prolonged inconvenience. Even when Time Group was operating there would be some delay. For example exploring whether technical support could resolve the problem before the equipment was uplifted for repair. If you are not getting your complaint/issue progressed you have every right to take the matter further. I feel my complaint is not being taken seriously. I am being told to ring back or wait 4 weeks for the situation to settle down. It is understandable that at the early stages of Administration there will be delays in putting in suitable arrangements. Good advice is to give a reasonable time for the matters to stabilise but then to insist that the complaint is actioned or you will pursue further. 4 weeks should be an absolute maximum and should be reduced quickly to the turn round period Time Group promised. Each case depends on the circumstances but if you have purchased a premium warranty product with rapid turnaround you have every right to expect this to be quickly replicated. If it is not then you have a sound claim for redress and compensation. What type of complaints can I realistically expect some redress The types of complaints that can be taken are any that could have been taken against the Time Group. Give me some examples. It is important that you are able to justify the complaint made, so this list is dependent on the facts and the individual circumstances. Complaints will fall into a number of distinct types. I have listed the common problems you will face with each one. This is however a list, which in particular circumstances could be added to. Goods not delivered. There are some goods (computers plasma screens etc) which were on the point of being delivered or released for delivery. These will be delivered. If this applies to you then you will
  • 11. be informed. You still need to check the goods and would have a claim if they are faulty or otherwise not as the contract. In all other circumstances you will have a clear claim for non- delivered goods. Goods delivered different from that ordered. If the system/equipment was described in advertisements or marketing as having specific characteristics, such as the make of CDR players, then you have a fairly clear action. You would preferably have to show how you have suffered detriment. Parts missing from delivery. This is straightforward and clearly actionable. You do need however need to prove you have acted quickly in notifying Time Group of the missing items. Service not provided that was part of the contract. Even if no additional warranty was purchased Time group provided a service to its customers over and above its obligations under the Sale of Goods Act. For example PCs all were provided with a 12 month “return to Base” warranty, which provided a repair of equipment and reload of software sometimes even where the fault may have been caused by the consumer. Failure to provide additional services promised in extended warranty/guarantee. This depends on whether a service continues to be provided and whether it meets the standards of the contract. It is highly unlikely that the service provided by the Administrators will be continued to the end of warranty period. Claims that were in process of being resolved by Time Group. If you had been resolving a dispute with Time then you have a right to take this forward as an actionable complaint. Charges for premium rate support calls. If the calls were to provide you with information to resolve faults caused by your action then the charges are unlikely to be recoverable. If however you were simply forced to use the premium rate phone lines for an otherwise justified complaint then the cost of the call is recoverable. Charges for returning goods for repair under the 12 month RTB warranty Under the Time Group “Return to Base Warranty” the customer was liable for the cost of carriage. However Time Group allowed customers who obtained an RMA number to return via the retail stores at no charge. Unless a similar service is put in place it is therefore clear that you should not have to pay carriage charges. Charges for returning goods that are faulty contrary to Sale of Goods Act rights If the goods are faulty then any additional costs that are incurred are recoverable Faulty Goods This is again straightforward and actionable so long as you can justify the fault. Your rights are under the Sale of Goods Act 1979 as amended by the Sale and Supply of Goods to Consumer Regulations 2002. First 6 months The assumption is that the fault was in existence at the time of supply. You have a right to request a repair or replacement .You have a right to pursue this against the Credit Card or Finance company involved. In the event of it not being shown that the fault did not exist the repair replacement should be provided “ without significant inconvenience to the consumer”
  • 12. If the problem is not sorted quickly the consumer therefore has the right to pursue a claim for a full or partial refund. While the consumer should accept some delay the turn around of the complaint should be reasonable. If arrangements are not put in place to provide ongoing support then a full or partial refund can be claimed. More than 6 month after purchase or where you want immediate refund You have to prove that there is a fault. Once this is confirmed you have a claim the remedy depending on the circumstances What do I do next? Put you complaint in writing to your Credit Card or Finance company. A guide letter is included for you to use and adapt. Ensure you put as much detail as possible and show yourself to be reasonable in your request. E.g If your keyboard or mouse is the only item defective keep the claim to this. Remember in all cases to ensure you cover the possible future problems that may arise. It is perfectly reasonable to request full details of how continued support is going to be provided. If I make a claim and something else happens what do I do? Quite simple. Make another claim. Your rights can last for up to 6 years depending on the circumstances. Don’t expect a mouse to last this long but it is fully reasonable if you have purchased an extended warranty for you to make a claim within its currency if the service you paid for is not provided. For items not covered in this advice please seek advice from your own Trading Standards Service. This can be found @ http://www.tradingstandards.gov.uk/ Or contact Consumer Direct. On 0845 04 05 06 or see http://www.consumerdirect.gov.uk/ FOR LANCASHIRE CONSUMERS ONLY please contact our consumer advice line on 0845 600 1352 or 01772 533573 This is an assessment of the legal position that only the Courts can confirm. It is given in good faith and will be amended and revised as information becomes available. . Lancashire Trading Standards 58 – 60 Guildhall Street Preston PR1 3NU Version 8 2.8.05 1200
  • 13. GUIDE LETTER TO CREDIT CARD AND FINANCE COMPANIES UNDER S75 CONSUMER CREDIT ACT To Your Credit Card company Address will be on your monthly statement And or to The Finance company the credit agreement was set up with. Address will be on credit agreement. Dear Sirs, Time/Tiny/the Computer Shop in Administration and S75 Consumer Credit Act 1974 [My Credit Card Reference [provide the name of the card involved and your Account number]] [My Account Reference [found in the credit agreement]] On [insert date you purchased the item(s) of equipment] I purchase the following goods and services from a Granville Technology/Time Group company. [List the goods purchased][ or ][see attached a copy of the order/purchase schedule] I have been made aware that the company was placed in administration on 27.7.05 with Grant Thornton acting as Administrators. [Payment was made using a credit card issued by your company.][ or ][ the goods were financed by a credit agreement with you company] I have been advised that you have equal liability for any breach of contract or misrepresentation that may have occurred under S75 of the Consumer Credit Act 1974. I am clearly concerned at the failure of the company and would ask for information as to the way in which you intend to deal with issues that arise. The following are issues of concern: [Include any of these that are applicable to your particular situation] • The equipment was sold with a 12 month “Return to Base Warranty”. This included support in the case of defects over and above my rights under the Sale of Goods Act. It further allowed me to return goods that were faulty at no
  • 14. cost via the retail outlets of the Computer Shop. What provision are you putting in place to replace this service or do you accept full responsibility for the additional cost that will be incurred as a result? • A premium warranty [i.e. Cover Gold] was purchased. This service is no longer available. Whilst this service may not be immediately needed, the availability of the service is one of the reasons it was purchased. It included free collection and return of faulty equipment during the currency of the agreement. As this is not available can you please advise what alternative arrangements you are putting in place or how you intend to reimburse me for the cost incurred? • The lack of an accessible customer support line. The service being provided by the Administrators is overwhelmed and I cannot get through if I need help. • Premium Phone Support. If I have a problem with faulty equipment I am being asked to pay premium phone rates to attempt getting it resolved. As the goods were supplied with support as part of the package what alternative arrangements are in place. I have had to pay charges of £1 per minute to get faults put right related to the goods being faulty or inadequate instructions being provided. How do you intend to make arrangements to reimburse me? • I was/am in dispute with Time over the equipment concerning the following issues: • Paid for goods not supplied. [Add some detail of the complaint] • The good supplied are different from those ordered. [Add some detail of the complaint] • The goods sold have become faulty within 6 months of supply. I would ask you to repair, replace or refund me in accordance with my rights under the Sale of Goods Act as amended by the Sale and Supply of Goods to Consumer Regulations 2002. [Add some detail of the complaint] • The goods were supplied more than 6 months ago. I would ask you to confirm how you wish this complaint to be progressed and what expert you would accept as competent to assess the validity of the goods not being of satisfactory quality under the Sale of Goods Act 1979.faulty after 6 months. [Add some detail of the complaint] In the event of these issues/problems not being addressed I reserve the right to pursue an action against you in the County Court. I hope this will not be necessary and suitable alternative arrangements are put in place and my individual complaint resolved. Yours Faithfully Your Name Your Full Address
  • 15. Note for sending letter of complaint Please make sure that you personalise this letter to your own situation. You need to: Select whether it is being sent to a Credit Card company OR a finance company. Remember that if you have paid off the agreement in full you still have the S75 rights. You do need to produce sufficient detail for the transaction being traced. If you have a credit card receipt or a copy of the finance agreement it would do no harm to provide a copy of this with your complaint. But keep the original. If you have a sales order or invoice detailing what has been supplied send a copy other wise list the items purchased. Where there are [ ] you need to select the option(s) which apply. For the bulleted items select those that apply and add any additional information to more fully explain your individual situation. Keep a copy of the letter. If further problems arise or you have problem for the first time you can send follow on information at any time. Keep a log of anything that occurs including any cost that you incur as a result. Lancashire Trading Standards 2.8.05
  • 16. Debit Card Purchases - Specific situation guidance For most situations where you have paid for goods by Debit Card you will be treated as a cash purchaser and have very limited rights However if you have just purchased by debit card and have not received the goods or received them in a faulty condition then you may be able to make a claim via your Debit Card issuer. In effect it means that consumers who have used Debit cards might be able to make a claim. Most card issuers whether credit or debit can unwind a deal if it is believed to be incorrect, or fraudulent. In reality what they do is to "charge back" the transaction to the supplying company's merchant acquirer. This is regularly done with credit card transactions less frequently with debit cards where it normally only applies to fraudulent transactions. However there is no reason why it can't be used for clear and unequivocal immediate breaches for example for purchases they have not received or received faulty. The customer should request that the card issuer dispute the transaction under the charge back arrangement. The card issuer should then make a claim in effect against the merchant acquirer If the card issuer fails to do so then a complaint can be raised with the Financial Ombudsman Services who can be contacted at the following link http://www.financial-ombudsman.org.uk/contact/index.html or at Financial Ombudsman Service South Quay Plaza 183 Marsh Wall London E14 9SR The FOS note on this situation is at the following link http://www.financial-ombudsman.org.uk/publications/ombudsman-news/3/plastic- cards.htm Please not that this only applies in limited circumstances and not with all Debit Cards. Amended 5.8.05

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