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IRConsumer

VISA Chargeback question

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Hi

 

Not sure if I'm posting in the right place, sorry if I'm not.

 

I'll try to keep a long story short. 4 months ago ordered £3K of wood and paid with my VISA Barclaycard. 3 months ago the wood still hadn't come. The company started ignoring me instead of lying to me so I ask Barclays to get my money back from them. Barclays sent me a dispute form for non-delivery but by the time I received it I had a letter from the company saying they are in administration. I send this to Barclays, they say my odds are good. I get a letter from them and they say 'the outome cannot be guranteed' as they are chasing the debtors via their bank. I call them about 5 times (to get different opinions) and nobody can give me any certainty or tell me what exactly they are doing about it. Now I know that they will not get my money back from the debtors because I have the statement in front of me from the administrators and they have no money for 'unsecured creditors'.

 

So my firsty question, since nobody seems to want to give me a definitive, is: Is a VISA debitcard a secured or unsecured transaction?

 

The initial admin letter from the company says I will get my money back via chargeback because chargeback charges the debtors bank, not the debtors themselves. So second question:

 

Does chargeback work like an insurance policy insofar as it charges a bank regardless of the debtors situation?

 

Hope someone can help, I'm pretty angry right now because I cannot afford to lose £3K and frustrated because there is no transparency on my rights.

 

Oh, actually a third question off topic in case anyone knows - the company went into admin and was bought over by the same directors who set up a seperate company. I guess our broken system doesn't doesn't allow me to chase a debt to another company, despite it clearly being the same company minus the debt....(though not on paper, I appreciate)?

 

Regards

IRConsumer

Edited by IRConsumer

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From my limited knowledge this should be covered by the Visa Debit chargeback scheme as you did not receive the services/merchandise paid for. You need to be quite pushy with your card issuer on this, it isn't the same as s75 on credit cards which is far more straightforward but you should be hopefully be covered provided you can prove that you haven't received your goods.

 

Not a lot of bank staff are aware of this so ask for someone more senior to assist you if you don't have any joy. You have to lodge a claim within 120 days of the transaction date.

 

Good luck.

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They might get me on a technicality...I'll have to check the exact transaction date. The trouble is that the comany kept telling me the wood was coming...for 3 months. Definitely 120 days from the transaction date? And what if I started the non-delivery procedure with the bank with 120 days but they didn't do chargeback?

 

Your input is useful though because either way I cannot wait the 45 days that the bank quoted to respond or it will be too late...

 

Thanks

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Not sure if ringing either the FSA or FOS just for some telephonic advice might help?

 

Do you have proof in writing of notifying your bank/card issuer, if it was within the 120 days you should be fine but I can't say with certainty.

 

Might help if you do a Google search on Visa Debit Chargeback scheme and go to your bank armed with the necessary info and insist they act on it.

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I've spent the last week googling and feel well armed with a number of statements but nothing totally concrete. For example, my bank say they have to chase the debtors and that is their only option, but anything I read is saying they can just chargeback to the debtors bank. I suppose in general, based on what consumers are saying, it will work. Based on what the bank is saying, it won't. But consumers are also largely saying that banks will say it won't work. What is difficult is talking to someone who can change what they are doing. I want into my local branch and got a manager to call the dispute department and he came off the phone as bewildered as me. I've been told that the people in the dispute section 'do not take phone calls' but I don't feel like time is on my side with regards to getting into a letter sending tennis match.

 

In terms of evidence, I know they have the declaration of administration and my completed non-delivery form on my file and dated and I'm pretty sure I can request recordings of my calls to them...?

 

I got reasonably far with VISA before I asked too many salient questions too. The whole thing just seems steeped in smoke and mirrors.

 

The trouble is, it seems that I cannot compell them to do it under law, I can just keep badgering them. Which I guess I will start doing again tomorrow.

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