Durham Pine Bexleyheath Bankrupt, but parent company dont want to know!
David
after several delays and hitches etc it was finally due to be
delevered last week, but when I attempted to contact the store it had
closed down and I have now learnt that the owner of the Bexley branch
has filed for bankruptcy.
I didnt think this was a problem as Durham Pine (www.durhampine.com)
are a big company (79 stores in the UK) and I assumed that they would
honor the order.
...not so, a phone call to the head office basically said even though
the other 78 branches are still trading they are not leagally
responsible for any customers losses as they operate a francise and so
tough ive lost my money!
Is this correct? How am I supposed to know its a franchise and not
part of a big company? If for example I went in to my local M&S and
ordered something and then the store closed down without fulfulling
the order then I would expect M&S to honor the order? ...or am I being
naive?
Other factors are as follows...
- I did order it on my credit card and so should be protected against
things like this, but due to the long lead time in this product it is
more than 100 days since the order was placed so Im not sure if i am
still entitled to any protection? (my credit card company couldnt
answer this and said to write to them)
- When I placed the telephone order it was agreed that I would pay a
£20 deposit now and the balance on delivery, but instead they just
helped themselves to the full £170 I did complain to them about this
more than once and they did offer to refund it, but never did! - does
this make the transaction fraudulant? (in which case I shouldnt have
to pay it?)
Does anyone else think that Durham Pine are being just a little bit
##@@#@ by not giving a dam about customers who have lost money?
Any advice (or free coffee tables) etc grately appreciated.
Thanks
David Bevan
Peter Crosland
> things like this, but due to the long lead time in this product it is
> more than 100 days since the order was placed so Im not sure if i am
> still entitled to any protection? (my credit card company couldnt
> answer this and said to write to them)
>
> - When I placed the telephone order it was agreed that I would pay a
> £20 deposit now and the balance on delivery, but instead they just
> helped themselves to the full £170 I did complain to them about this
> more than once and they did offer to refund it, but never did! - does
> this make the transaction fraudulant? (in which case I shouldnt have
> to pay it?)
You are entitled to a full refund from your credit card comapny particularly
as it was a fraudulent transaction
R. Mark Clayton
"Peter Crosland" <g6...@spamcop.net> wrote in message
news:2lnp43F...@uni-berlin.de...
It may be worth writing to the CC issuer (cc:'ed to the franchisor) about
how you (or rather they) got ripped off and how the franchisor was not
prepared to take responsibility for the delivery of the groups and how
surprised you are that they are still able to accept payment by credit cards
when they behave like this... The franchisor may recognise the threat to
their merchant status.
David
> as it was a fraudulent transaction
...I have spoken several times and written to my credit card company
and their reply has been that it is 'impossible' to pay a deposit on a
credit card and that as soon as I give my credit card number I have
authorised the imediate payment of the full amount of the goods no
matter what was agreed.
I find this rediculous! I phoned up and agreed to pay £20, the company
take £170 and the credit card company dont want to know!
I could understand it if the vendor was claiming that I agreed to pay
£170, but this fact isnt disputed since the vendor has gone bust and
so doesnt care anymore.
...also, isnt there some law that says when you order something
online/telephone etc that the card cant be charged until goods are
dispatched?
Thanks for any advise.
David Bevan
http://www.davidbevan.co.uk
tim
"David" <ju...@davidbevan.co.uk> wrote in message
news:fb5d3f6d.04072...@posting.google.com...
> "Peter Crosland" <g6...@spamcop.net> wrote in message
news:<2lnp43F...@uni-berlin.de>...
> > You are entitled to a full refund from your credit card comapny
particularly
> > as it was a fraudulent transaction
>
> ...I have spoken several times and written to my credit card company
> and their reply has been that it is 'impossible' to pay a deposit on a
> credit card and that as soon as I give my credit card number I have
> authorised the imediate payment of the full amount of the goods no
> matter what was agreed.
This is so obvioulsy false it suprises me that they even bothered.
It is very common to pay just a deposit on a credit card.
just write back and tell them they are talking crap (though
I suggest you select a more PC word)
> I find this rediculous! I phoned up and agreed to pay Ł20, the company
> take Ł170 and the credit card company dont want to know!
They are jointly and severally liable for a fraudulent transaction
if the item being purchased (not the amount charged to the card)
is within the statutory limits (IIRC GBP100 to 30,000), it
doesn't matter that there is (or isn't) someone else to sue you
can choose to persue the CC company only
> I could understand it if the vendor was claiming that I agreed to pay
> Ł170, but this fact isnt disputed since the vendor has gone bust and
> so doesnt care anymore.
>
> ...also, isnt there some law that says when you order something
> online/telephone etc that the card cant be charged until goods are
> dispatched?
No, it's a recommended practice, it may even be a T&C for
their merchant account (which is of no concern to you), it isn't
a law
tim
Tam
> "David" <ju...@davidbevan.co.uk> wrote in message
> news:fb5d3f6d.04072...@posting.google.com...
> > "Peter Crosland" <g6...@spamcop.net> wrote in message
> news:<2lnp43F...@uni-berlin.de>...
> It is very common to pay just a deposit on a credit card.
> just write back and tell them they are talking crap (though
> I suggest you select a more PC word)
>
> > I find this rediculous! I phoned up and agreed to pay £20, the company
> > take £170 and the credit card company dont want to know!
You must immediately contest the drawdown of the full amount. You will
be putting the vendor to the proof that the charge was authorised;
they cannot do that and anyway it's now up to the receiver who will
not be able to focus on the issue or garner the facts and the
documents authorising such a charge.
Do it in writing, preferably recorded delivery.
Keep a diary of all phone conversations, with time, date and name and
extension number of person spoken to.
It is SOP of firms going bankrupt to cheat customers, charge credit
cards with more than authorised, write bad cheques, misuse trust funds
(and, hey, was your deposit in trust? sometimes deposits are kept that
way).