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What to do when a company has gone into administration – advice for consumers

Unfortunately, due to the current financial climate, more and more companies are going out of business, and this can leave many consumers out of pocket.   Consumers may have ordered goods from a company and paid a deposit only to find out later on that the business has gone into administration.

Often consumers do not know what steps they can take to try and get their money back or who to contact to make a claim for their money.

Here are a few suggestions for consumers that may help:

*  Find out whether an Administrator has been appointed – details can often be found on the company’s website, or in the press.

*  If an administrator has been appointed, then consumers can write to them and lodge their claim.   Consumers should attach copies of any paperwork, such as an ‘Invoice’ or ‘receipt’ as this may help prove they have a valid claim.  Consumers should always keep copies of their correspondence safe as well as any original documents.

* Consumers using credit cards are protected under S75 of the Consumer Credit Act 1974.  If a consumer has purchased an individual item over £100 (but not more than £30,000) using their credit card then they have an ‘equal liability’ claim against the credit card firm.  Consumers should write to the credit card company, attaching copies of any paperwork which may help prove their claim.

* Consumers who have purchased goods using a Visa debit card or a Mastercard debit card, should contact their bank to check if they are able to be reimbursed under a ‘Charge Back Scheme’.  However, consumers will need to contact their bank within 120 days of realising that there is a problem.  It is important to note that unlike the protection offered when using a credit card, there is no legal obligation on the bank when payment has been made using a debit card, it is merely a scheme.

If consumers are unsure or what steps to take to try and get their money back when a business goes into administration or ceases to trade, they can contact Consumer Direct Scotland on 08454 04 05 06 for more advice.

Consumers can also visit or write to Highland Council Trading Standards Service, 38 Harbour Road, Inverness IV1 1UF.

Note: Highland Council Trading Standards Section is part of:
Transport, Environment and Community Service, Highland Council, Glenurquhart Road, Inverness

Mrs Glenys Brown

Trading Standards Officer

Highland Trading Standards Unit, 38 Harbour Road, Inverness, IV1 1UF

Telephone No: 01463/228717

Email: glenys.brown@highland.gov.uk

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