Looks like I have been cheated, help please.

[ayu]

Hello everyone, I have made an order online with Coolercases UK two weeks ago, it is an online retailer for computer cooling components. After I made the order I have asked them to cancel it before it's shipped, I wrote to them 4 times but they never reply, tried to call them, they never pick up the phone.

 

It has been two weeks now, I have neither got the items i ordered nor any refund for my order, when i was placing the order, they stated that orders should take longest 3 days for delivery.

 

Even if they have not cancel it, I should have got my order last week, but now I have not receive anything from them, not even a word, but they have already taken payment from my account.

 

If anyone has any advices on how could I recover the money, please let me know.

 

Thanks.

[Lula]

if you placed the order using a credit card, tell the card issuer to do a chargeback

[ayu]

Thanks for the reply Lula, I didn't know i can do that, yes I did pay by a credit card, could all major bank credit card issuer do that? If there is any, could you tell me what is procedure to ask my credit card issuer to do it?

 

Thanks.

[Lula]

To be honest, I dont know as I have never had to do it, but I would presume that you ring them and tell them that you have never received the item and cannot contact them via phone or email (all true as far as I can ascertain by your original post) and ask them to do a chargeback.

[TheChancellor]

To be honest, I dont know as I have never had to do it, but I would presume that you ring them and tell them that you have never received the item and cannot contact them via phone or email (all true as far as I can ascertain by your original post) and ask them to do a chargeback.

 

As above - phone the customer services number on the back of your CC statement.

 

If the delivery eventually arrives & you dont want it then refuse delivery.

You have 7 days from receiving it to return it anyway (Distance Selling Regulations 2000 I think). HTH

[yourbank]

Thanks for the reply Lula, I didn't know i can do that, yes I did pay by a credit card, could all major bank credit card issuer do that? If there is any, could you tell me what is procedure to ask my credit card issuer to do it?

 

Thanks.

 

If you explain the cirumstances and have all the documents related to it, you credit card provider can do a chargeback.

[ayu]

Thanks for all the useful advices folks, I will ask them to do a chargeback as soon as possible, but when i placed my order, i have not receive any document from the company, not even an order confirmation, that's something that i thought weird at first.

 

The only thing i have received after i placed my order is an email from world pay which is their transaction handler, with all the transaction detail such as transaction ID and merchant cart ID, would that be enough?

 

Thanks.

[durian]

Coming from a foreign country, Im hoping that you would use Amex but I guess not so much in the UK. Amex would give you a chargeback almost instantly just over the phone.

 

My experience with Lloyds required me to write to the bloody company first and sent them a copy with request for chargeback. You could contact the customer service and they'll let you know what to do. Anyway, if they never send the goods but just charge for it, you can claim it as a fraud and Mastercard/Visa should cover this on your side as part of credit purchase protection (I think there's an act to cover this but cant remember at this hour). Nothing to worry I would say.

[TheChancellor]

 

The only thing i have received after i placed my order is an email from world pay which is their transaction handler, with all the transaction detail such as transaction ID and merchant cart ID, would that be enough?

 

Thanks.

 

Thats even better.

 

I would start off by e-mailing World Pay with the details & see if they will put a credit through to your CC.

 

Otherwise I would think your CC will just go to WP for the refund.

[MARTIN3030]

Will move your thread to consumer forums.Keep us posted.

[Prolix]

Credit card payment has to be for £100 or above to enjoy protection of Section 75 of Consumer Credit Act and therefore obtain a chargeback.

[ayu]

Thank you guys all, i have really learnt a lot here, will ask my card issuer to do a chargeback tomorrow. Will keep you guys posted.

 

Thanks.

[ayu]

Hello everyone, I have just received a letter from my card issuer, they said the transaction was a four party transaction, their relationship is with world pay which fulfilled their duty to forward the fund to coolercases, but they have no relationship with the seller. There was no creditor-debtor-supplier relationship, therefore were unable to get involved in the matter, does anyone have any advices on this matter? Any alternative way to recover my money from the seller?

 

Thanks.

[TheChancellor]

They're trying to fob you off.Quote them this case - it was actually about a foreign purchase with a UK issued card so it will stand good for you as well.

 

Give them 7 days to sort it out.

 

 

Office of Fair Trading v Lloyds TSB & Ors

[2007] 3WLR 733

House of Lords

_________________________________________________________

Facts

In a case brought by the Office of Fair Trading (OFT), a declaration from the courts was sought as to the exact scope of s. 75 of the Consumer Credit Act 1974 (CCA).

 

Section 75 of the CCA provides that, where a three or four party credit agreement (see below) is made, the creditor will be jointly and severally liable with the supplier if the supplier commits a breach of contract or misrepresentation. However, there has been uncertainty for a number of years about the application of s75, with some companies voluntarily agreeing to refund the amount spent on the card when it was used to

purchase goods or services outside the U.K., such as on holiday, but not accepting liability for consequential losses in those circumstances.

 

As Lord Hope of Craighead stated in the current case:

‘Not all consumers may be aware of the right of recourse against the card

issuer that section 75(1) of the Consumer Credit Act 1974 affords should the supplier breach his obligations under the supply contract. But there is no doubt that some are, and that claims are now being made in relation to foreign transactions as well as those entered into domestically. One such claim is pending in the Sheriff Court at Kirkcaldy: David Boyack v The Royal Bank of Scotland. Your Lordships were told that the claim in that case relates to a clock purchased in Dubai arising out of, it is said, misrepresentations that were made orally by the supplier. The case was sisted on 15 August 2007 to await the outcome of this appeal. The question whether the right of recourse extends to foreign transactions is therefore of considerable importance to consumers, as it plainly is too for the Banks and other card issuers’.

Decision:

 

The House of Lords held that credit card providers such as Visa and Mastercard are jointly liable under s.75 of the Consumer Credit Act 1974 (CCA), regardless of whether the card was used in the UK or abroad, provided only that the card was issued in the UK.

 

[ayu]

Thanks so much TheChancellor, i forgot to mention that in their letter they say this conclusion was reached by Ombudsman if that makes any difference.

 

They have also said for s.75 to apply there has to be a debtor-creditor-supplier agreement involving an actual or contemplated pre-existing arrangement between the creditor and the supplier.

 

If my credit card issuer (Lloyds TSB) is liable for this under s.75 of CCA, what should i do next? Should i write to them or report them to other insitution?

 

Thanks.

[TheChancellor]

I would put in an official complaint to Lloyds TSB stating the amount concerned & any interest if it has accrued any.

 

Quote the case above (think it must cover your point but they wont know either lol).Tell them it is a breach of contract by the end supplier (presume you have never received the goods?).

 

They should refund your money & they in turn will look to the next card processor (World Pay?) for their refund.Tell them this.

 

Depends how hard you want to go in at the start as regards threatening further action.

 

Maybe just sound them out & show you aren't going to give up.