Browse Forums Building A New House 1 Jan 05, 2012 10:28 am We were going to sign up with statesman homes and had the paperwork sent out however we were presured to sign a contract with too many mistakes on it and we decided we wouldnt. When giving the go ahead for the guy we were dealing with to send out paperwork he took my credit card details to take the deposit which i assumed would be done once he had recievd the signed paper work back.
They took the money anyway. We have spoken to him before xmas and were told we would have the money back in 24hrs. Its still not there and numeours emails have gone unanswered. Where to i go from here please? There is no way we will ever build with them now and they have no right to the money. HELP regarding deposit may nee legal advice?? 2Jan 05, 2012 11:14 am Hi You could try calling your credit card company and opening a dispute on the charge. Paul Re: HELP regarding deposit may nee legal advice?? 3Jan 05, 2012 12:35 pm Yep, i would do that as well. Tell them what has happened and that the funds have been taken from your account without authority to do so. The builder has no signed contract from you and therefore has no right to take the funds from you. Re: HELP regarding deposit may nee legal advice?? 4Jan 05, 2012 12:37 pm BradS Yep, i would do that as well. Tell them what has happened and that the funds have been taken from your account without authority to do so. The builder has no signed contract from you and therefore has no right to take the funds from you. This.. and I would be finding someone senior in management, and telling them your thoughts, and would most likely find another builder. Sounds d0dgy Re: HELP regarding deposit may nee legal advice?? 6Jan 05, 2012 1:44 pm Make sure you tell them that your credit card has been used without your authorisation and you want something done about it. I would tell them that first as it will get there attention pretty quickly. Re: HELP regarding deposit may nee legal advice?? 8Jan 05, 2012 2:07 pm Thats rubbish, tell them the builder has used the card without your permission and you would like to see your signature on a document from the buulder allowing him to use the card.... Dont talk to the customer service rep that answers the phone, ask to speak to their boss and if they wont do anything either speak to their boss. If they wont do anything about it close the card and open it with someone else. The builder probably isnt open right now are they? s it the owner of the company that you have been dealing with? Re: HELP regarding deposit may nee legal advice?? 11Jan 05, 2012 4:36 pm in defense of the cc company, the fact that you have given them your card details means they will see it as permission, you dont need a signature for them to use cc. [similar to if you shop online, you give your card number, but you dont give your signature.] it is definately an issue that needs to be taken up with the builder though if you have not signed or initials any documents or sketches. good luck Re: HELP regarding deposit may nee legal advice?? 12Jan 05, 2012 5:27 pm Is it a major bank cc? I find this strange they will not assist in an alleged f___d case. Ring the builder and tell them you will ask the cc company to do a cr reversal if they will not refund, this will open up a obtaining money by f___d case as no money will be returned to the bank. It will automatically involve the police. Documents will be sent to you from the bank asking you to sign saying you, your family or friends did not benefit from the transaction and that you will assist in the prosecution. This is how it worked for me, my bank took cc f___d very seriously. Ring the builder and try to bluff them, they are not to know that a case may not be opened up against them. I would bet they would not want the potential heat of the bank and police plus prosecution breathing down their neck. What did you receive for this transaction?, NOTHING the money is rightfully yours in my opinion. Re: HELP regarding deposit may nee legal advice?? 13Jan 28, 2012 4:25 pm Well after nearl 2 months after this occurred we finally recieved the money in our account this morning! Credit card company couldnt do anything about it (not a major bank card). Contacted builder head office they were closed due to xmas, contacted again when open. Manager then got back to me. I had to put it in writing that the money was ours then was told they courlount reverse the credit charge and it needed to be deposited into our account or cheque sent. WILL NEVER BUILD WITH THEM NOW!!!!! Re: HELP regarding deposit may need legal advice?? UPDATE!! 14Feb 02, 2012 10:23 am GardenofNeedn-58 - you are right, giving them the number over the phone may normally be fine, but in this particular case there was no building contract signed so i am sure that the law would look at it as f---d. I know we give our CC details over the phone to restuarants etc but they will then bring the print out for us to sign when making the delivery and i am almost certain that by law every CC transaction would require a signature.... babysaurs - great to hear you got a refund. Lets just hope they dont try it on someone else!!!!! Re: HELP regarding deposit may need legal advice?? UPDATE!! 15Feb 02, 2012 11:50 am I had a merchant facility for many years and can tell you that numerous charges are disputed when providing cc details by phone or even in person, so I'm surprised your card issuer did nothing for you. I know you are upset with the builder but if the card issuer is slow in dealing with your concerns I would consider another. My experience on the other side has been that whenever someone disputes a charge the provider of the merchant service asks for verification by a set date or they simply take the money. No response from merchant = instant win for consumer. The verification needs to be either be in the form a signed slip or other evidence such as an invoice, but the fact is the investigation is started when the dispute is raised. I'm glad to hear you have the money back now and hope that any interest charges etc were also taken into consideration. It does strike me as odd though that a company would take the money knowing clearly that it was not your wish to do so. I would assume that reputation in this game is paramount and such action clearly lost you as a client and would make many others wary. Did they give you any feedback on the matter? Perhaps it was a pushy salesman looking to ensure a good commission/bonus. Either way - at least it happened nice and early, imagine if it had happened half way through. Hopefully your next experience will be a much much nicer one. http://camdenbuild.blogspot.com.au/ by invite only please pm me Thank you @. 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