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Damo666

Crowdfunding: Reclaim via Credit Card

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Posted (edited)
47 minutes ago, Ryde-on-time said:

It seems you are saying that paying by Paypal should not make a difference to Section 75 claims when that goes against the advise offered on consumer website such as Which and Moneysavingexpert etc, respected newspapers and everywhere else online. Those websites indicate that it can make a difference if they act as an intermediary

 

If that is the case what is your advise on how to pursue claims with credit card companies?

 

It seems to me to be another case where an act needs to be updated (in this case the 1974 consumer rights act) to maintain the protection it originally gave to consumers, and to include recently developed online payment methods

im saying the opppsite ryde-on-time, paypal are an intermediary section 75 protection does not apply when they are involved, damo seemed to think paypal had negated section 75, they havent, the card issuers have when paypal is in use. My post was more in context with the fact that people seem to think paypal is the bad guy in this situation.

 

In answer to your question, follow damo's example and question the card issuer if they try to rebuff you. If you still get nowhere you can put it to the financial ombudsman.

Edited by pheaton
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So, I have just spoken to my C.C. company.
They tell me that before a dispute as she put it can be opened I have to attempt to speak to DJ Models, or the insolvency company.  


Has anybody else had this response or been able to make contact with them? 

I think I know the answer but thought I'd ask anyway.  Thanks guys.

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A point for consideration or further exploration is for those who paid PayPal deposits that did not get refunded. If these were made to a personal PayPal account (which is not any form of Limited company account) and there is any statement made which evidences that the goods ordered will not be supplied then it may be possible to make a claim via small claims https://www.gov.uk/make-court-claim-for-money. This is on the basis that it is a personal transaction not made with DJ Models Ltd. The cost of doing so is £35 or £25 online, whether that is worth attempting is related to how much you are owed of course.

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Posted (edited)

Seems like as good a moment as any to say thanks for the efforts of the mods to try and keep these topics informative and helpful, given the general uncertainty all round.

Edited by Hal Nail
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Another thought is that while the website is still up and running it would be worth getting screen shots of how things are advertised - the king for instance showing the the payment of £67.50 is specifically described as a 'deposit'. A second payment of £67.50 confirms the full price is over £100 so eligible for a section 75 claim if direct CC payment. The more evidence the better

 

 

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Where would you stand if, having received a refund from your credit card company, the Receivers were to contact you with a share of any funds left once secured creditors etc have been paid?

 

Steven B.

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5 minutes ago, Ryde-on-time said:

Another thought is that while the website is still up and running it would be worth getting screen shots of how things are advertised - the king for instance showing the the payment of £67.50 is specifically described as a 'deposit'. A second payment of £67.50 confirms the full price is over £100 so eligible for a section 75 claim if direct CC payment. The more evidence the better

 

 

Definitely do that ASAP because it could easily be taken down and replaced by a notice. If receivership occurs the website will become the property of the receiver and will probably just be a holding page with a notice.

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3 minutes ago, Steven B said:

Where would you stand if, having received a refund from your credit card company, the Receivers were to contact you with a share of any funds left once secured creditors etc have been paid?

In a parallel universe. Or a devine version of the twilight zone.

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11 minutes ago, Steven B said:

Where would you stand if, having received a refund from your credit card company, the Receivers were to contact you with a share of any funds left once secured creditors etc have been paid?

 

Steven B.

Surely if your CC company refunds your money you no longer have any claim against a company which has gone into receivership therefore you should receive nothing via that route.

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1 hour ago, AY Mod said:

A point for consideration or further exploration is for those who paid PayPal deposits that did not get refunded. If these were made to a personal PayPal account (which is not any form of Limited company account) and there is any statement made which evidences that the goods ordered will not be supplied then it may be possible to make a claim via small claims https://www.gov.uk/make-court-claim-for-money. This is on the basis that it is a personal transaction not made with DJ Models Ltd. The cost of doing so is £35 or £25 online, whether that is worth attempting is related to how much you are owed of course.

 

Do we know Dave's home address on this forum?

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24 minutes ago, Steven B said:

Where would you stand if, having received a refund from your credit card company, the Receivers were to contact you with a share of any funds left once secured creditors etc have been paid?

 

Steven B.

 

12 minutes ago, The Stationmaster said:

Surely if your CC company refunds your money you no longer have any claim against a company which has gone into receivership therefore you should receive nothing via that route.

so it should go to your CC AS THEY HAVE PAID YOU

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Just now, letterspider said:

 

Do we know Dave's home address on this forum?

 

Is it not the one on his website? - next to a prison ironically .....

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Quote

Do we know Dave's home address on this forum?

I put the postcode into Google Earth and it is in the middle of Everton Cemetary.

DJM.JPG.4b7aafb9a0ad5b31d54e2a7fe231ae48.JPG

 

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It's Dyson Hall drive, just to the NNE of your location pin

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Posted (edited)

There is an address in the Companies Office filings

 

5 Dyson Hall Drive

Liverpool

L9 7HA

 

But it was changed thus week to the office in Manchester so probably not relevant anymore.

Edited by BR Blue
Added change of address note.

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What is disturbing is that you still can order DJM products from his website using the available payment methods.

Surely the DJM website should be locked or shutdown with a banner page displaying a message explaining the situation with contact details.

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Posted (edited)

I’m not sure there would be much point reaching Dave direct.

if he's handed the business over, its no longer his.

 

I would be surprised if a statement from Dave was forthcoming, i’m not even sure it would be wise to, or if he's been asked not to by the “potential” liquidators... any comment that undermines extraction of value from the business by its proprietors maybe detrimental to himself.

 

I may be wrong but i’d be guessing it would be maintaining radio silence.

 

Wait for the official notices, my eyes would be on The Gazette Www.thegazette.co.uk and his website. A notice on the gazette would certainly be relevant and verified by any credit card company.

 

Edited by adb968008
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9 minutes ago, classy52 said:

What is disturbing is that you still can order DJM products from his website using the available payment methods.

Surely the DJM website should be locked or shutdown with a banner page displaying a message explaining the situation with contact details.

You can't make payment though, that was disabled two or more days ago.

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8 minutes ago, adb968008 said:

I’m not sure there would be much point reaching Dave direct.

if he's handed the business over, its no longer his.

 

I would be surprised if a statement from Dave was forthcoming, i’m not even sure it would be wise to, or if he's been asked not to by the “potential” liquidators... any comment that undermines extraction of value from the business by its proprietors maybe detrimental to himself.

 

I may be wrong but i’d be guessing it would be maintaining radio silence.

 

Wait for the official notices, my eyes would be on The Gazette and the website. Www.thegazette.co.uk

 

I had wondered what update was meant to be forthcoming last night, maybe Dave thought he could still 'communicate' with his creditors.  A formal notice from CG & Co is what I want to see.  But we shouldn't divert this thread into pseudo DJ models one in the absence of access to the main thread.

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1 minute ago, woodenhead said:

You can't make payment though, that was disabled two or more days ago.

 

Ok good stuff, wasn't game enough to go that far only to the bit where it wanted your details.

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2 hours ago, The Stationmaster said:

Surely if your CC company refunds your money you no longer have any claim against a company which has gone into receivership therefore you should receive nothing via that route.

Should any monies become available, these would be paid to your respective CC Companies as they are now a creditor of that company and not returned to you.

As this crowd-funding business is becoming more popular way of raising money for various causes or schemes, I wonder how long it will be until the CC Companies will be trying to exclude these from their Section 75 payments when things similar this scheme go wrong and the Companies are going bust.

They would consider these schemes to be very high risk, that they have no control over, nor any input into the viability of the scheme and could end up paying out large sums of money especially if all the participates paid into it on their credit cards.

I for one, wherever possible pay for items that have a total cost of over £100 on my credit card to ensure that I would have a reasonable chance to reclaim my money if things go wrong.  

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5 hours ago, woodenhead said:

I had wondered what update was meant to be forthcoming last night, maybe Dave thought he could still 'communicate' with his creditors.  A formal notice from CG & Co is what I want to see.  But we shouldn't divert this thread into pseudo DJ models one in the absence of access to the main thread.

 

Thanks - please keep this for helpful money refund information only. The main thread will be re-opened if/when we get something from DJM.

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7 hours ago, AY Mod said:

If these were made to a personal PayPal account (which is not any form of Limited company account)

 

Having just checked my invoice (I was never refunded any funds to pay back via the new method), there are x5 References to DJM, the DJM logo, website address and his name as "David" rather than Dave, on the Paypal Invoice. This was paid on the 5th October 2016. "You'll see "PAYPAL *DJMODELSLTD" on your card statement." was also stated. 

 

Fortunately for me I only paid £30 and I won't loose any sleep over it, therefore won't be chasing it up, but the above info may help clarify how he 'billed' people.

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I have checked with PayPal about my 2 x£30 payments made in October2016 and January 2107, both paid via my Bank account [not credit card},also PayPal representative said he was unaware of any repayment order and that DJM's account was still open, I presume having paid via the Bank account I presume this bars me from claiming via Article 75 and noting Andy York's latest post of small claims court costs , I will leave things as they are, and rest in the knowledge of receiving a class 92 from Accurascale which I ordered 3 months back.[along with a Deltic and Transpennine coaches]

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