回複：緊急求助：如何與騙子公司打交道 ？？？

今天給信用卡公司打電話，他們想推卸責任，說什麽：

1。 如果該協議 illegal and invalid, 我應該通過司法途經解決. 他們不能幫助.

2. 說什麽信用卡的 dispute items 是針對 mechandises , 不是服務協議或者合同的.

反正是推卸得一幹二淨, 一點不為客戶利益著想.

然後我給 Ministry of Consumer and Business of Ontario 打電話, 一位先生非常耐心地告訴我該如何辦,而且告訴我, 如果該中介公司不在 15 天 之內取消合同, 我可以正式通知信用卡公司拒付. 此人真是好人啊 !! 而信用卡公司, 睜眼說瞎話, 不是東西......


實際上, 安省的消費者保護條例明文規定, 信用卡公司有此義務, 必須 cancel and reverse the transaction,

下麵是相關法規 --- Consumer Protection Act 2002---

" Obligations of credit card issuer

(5) The credit card issuer,

(a) shall, within the prescribed period, acknowledge the consumer’s request; and

(b) if the request meets the requirements of subsection (4), shall, within the prescribed period,

(i) cancel or reverse the credit card charge and any associated interest or other charges, or

(ii) after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act. 2004, c. 19, s. 7 (40).


------------ Below are details ------------------

Consumer’s recourse re: credit card charges

99. (1) A consumer who has charged to a credit card account all or any part of a payment described in subsection (2) may request the credit card issuer to cancel or reverse the credit card charge and any associated interest or other charges. 2002, c. 30, Sched. A, s. 99 (1).

Types of payment

(2) Subsection (1) applies to,

(a) a payment in respect of a consumer agreement that has been cancelled under this Act or in respect of any related agreement;

(b) a payment that was received in contravention of this Act;

(c) a payment in respect of a fee or an amount that was charged in contravention of this Act; and

(d) a payment that was collected in respect of unsolicited goods or services for which payment is not required under section 13. 2004, c. 19, s. 7 (40).

Timing of request

(3) A consumer may make a request under subsection (1) if the consumer has cancelled a consumer agreement or demanded a refund in accordance with this Act, and the supplier has not refunded all of the payment within the required period. 2002, c. 30, Sched. A, s. 99 (3).

Request

(4) A request under subsection (1) shall be in writing, shall comply with the requirements, if any, that are prescribed under subsection 92 (2), and shall be given to the credit card issuer, in the prescribed period, in accordance with section 92. 2004, c. 19, s. 7 (40).

Obligations of credit card issuer

(5) The credit card issuer,

(a) shall, within the prescribed period, acknowledge the consumer’s request; and

(b) if the request meets the requirements of subsection (4), shall, within the prescribed period,

(i) cancel or reverse the credit card charge and any associated interest or other charges, or

(ii) after having conducted an investigation, send a written notice to the consumer explaining the reasons why the credit card issuer is of the opinion that the consumer is not entitled to cancel the consumer agreement or to demand a refund under this Act. 2004, c. 19, s. 7 (40).

Right of action

(6) A consumer may commence an action against a credit card issuer to recover a payment and associated interest and other charges to which the consumer is entitled under this section. 2002, c. 30, Sched. A, s. 99 (6).

Other prescribed payment systems

(7) If a consumer charges all or part of a payment described in subsection (2) to a prescribed payment system, the consumer may request that the charge be cancelled or reversed and this section applies with necessary modifications to the cancellation or reversal of such a charge. 2002, c. 30, Sched. A, s. 99 (7).

Action in Superior Court of Justice

100. (1) If a consumer has a right to commence an action under this Act, the consumer may commence the action in the Superior Court of Justice. 2002, c. 30, Sched. A, s. 100 (1).

Judgment

(2) If a consumer is successful in an action, unless in the circumstances it would be inequitable to do so, the court shall order that the consumer recover,

(a) the full payment to which he or she is entitled under this Act; and

(b) all goods delivered under a trade-in arrangement or an amount equal to the trade-in allowance. 2002, c. 30, Sched. A, s. 100 (2).

Same

(3) In addition to an order under subsection (2), the court may order exemplary or punitive damages or such other relief as the court considers proper. 2002, c. 30, Sched. A, s. 100 (3).

Waiver of notice

101. If a consumer is required to give notice under this Act in order to obtain a remedy, a court may disregard the requirement to give the notice or any requirement relating to the notice if it is in the interest of justice to do so. 2002, c. 30, Sched. A, s. 101.