credit card charge back p

[sas17]

I hope I'm putting this post in the right place and that some of you can offer some wisdom about the next step forward for me with this situation. I'll try and keep it as short as possible, but it’s a bit of a long story.

I bought some quite expensive champagne flutes for a wedding present a few months ago. I found a local supplier of the brand I wanted and phoned to order them. I was told they would have to order them in and it would be a week. So I paid over the phone with my credit card.

A week later I phoned to ask if they were in stock and they told me it would be another week. I said I couldn’t wait another week and wanted to cancel the order. The shop refused.

I phoned consumer direct and asked if I was within my rights to cancel the order. They said I was, and in accordance with the consumer credit act, I could cancel it up to it being delivered. I also phoned my credit card company and asked the same. I asked how likely it was that they could get my money back since I still had no flutes and needed to get some and didn't want to be stuck with two lots of flutes. They said they should have no problem getting my money back. I thought it was all sorted since I received a letter from the bank saying they had credited me with the money for the flutes a few days later. I found another shop that had the flutes and bought them from them.

Now over a month later, the first shop has written back to the bank refusing to cancel the order. I got a letter from the bank saying since they weren’t party to the transaction they cannot pass judgement and therefore they are re-debiting the amount from my account.

I’ve quoted the consumer credit act to them and they just seem to ignore that, consumer direct advised me to put the whole thing in writing to the bank and say I hold them liable since the retailer is refusing to allow my right to cancel, I’m awaiting the response but I’m not hopeful, the letter only states what I have already told them over the phone.

[buzby]

It all hinges on whether you paid in full or a 'deposit'. If paying in full, it would be on the understanding of imminent delivery, as why on earth would you pay in advance for goods you have yet to recieve?

 

You don't say how the transaction was initiated - whether face to face of via the web or over the phone. You have far greater rights if the latter, and the merchant should not have debited the card until the goods were shipped.

[2Grumpy]

Distance selling regulations allow you to cancel. They also say that unless agreed differently at the time of order, they have to deliver within 30 days. If they don't the order is cancelled and they have 30 days to refund the money.

[sas17]

Thanks for your replies. I paid in full over the phone. The bank says that it's in the retailers terms and condtions that no refunds are allowed. But I didn't have any paperwork from them or even a reciept and they don't have a website. But as 2Grumpy said, accordinging to the distance selling rules I should be allowed to cancel it. Companies can't just make up their own rules contrary to the law. I just need to get my bank to accept responsiblilty somehow.

[buzby]

Distance Selling Rules apply - you and the seller don't have the same banker by any chance? . Just get back on to your bank and tell them the DST rumps what the trader claims, and you'll take it further if you don't recieve the refund within 7 days. Ask for their correspondence address to send your statement of claim.