Scammed on an online purchase

[AlexLin]

Hey all, I stumbled upon these forums after looking up ways to chargeback a certain fraudulent e-commerce transaction. From lurking around, I learned that I can charge back Visa Debit transactions, and want to do so but I have a few questions regarding my situation.

 

What happened was I bought a monitor from an eCrater online retailer. eCrater is kind of like eBay in the fact that they allow sellers to make their own little domains where they can sell things to the general public. The monitor was explicitly advertised as brand new. I was sent a totally different monitor altogether, which, although it is the same size and brand, didn't have the same options as the monitor I specifically ordered. To add insult to injury it was refurbished.

 

I initially assumed that it was a mistake and emailed the guy saying that he messed up. He offered to send me the correct one if I pay for the shipping back to him. Of course, this is ridiculous, as it wasn't my responsibility to ensure that I received the correct package. So I opened a paypal dispute. (NOT a claim, just a way to track our emails) I learn soon after that PayPal doesn't cover anything that's not on eBay, but the nice lady on the phone directed me to charge back my visa debit card via my Bank.

 

This means that I can't even get a guarantee that I will receive my money back after I send him back his monitor. My question is:

 

Taking into account all factors, would I have a likely chance of winning the chargeback dispute? How can I maximize my chances?

 

Thanks all, this is a great forum! Keep it up!

[Conniff]

You tell your bank that issued the debit card that yu have been conned and that you want a chargeback. Sometimes (and with some banks) they can't be bothered so will say it can't be done, if that should happen ask to see someone higher.

Print out the sale advert from site before it disappears in case you need it later.

[AlexLin]

Do I just ask to speak to the manager? What exactly do I ask if the higher up refuses me a chargeback?

[Conniff]

Just tell the clerk that you want to make a chargeback please. They can't refuse as it is not their scheme but Visa, what they can do it say it's not possible because they can't be bothered.

 

There are safety rules built in so it won't happen there and then. It is investigated before the chargeback is allowed and it can be refused legitimately.

Edited August 8, 2010 by Conniff

[Conniff]

I forgot, if this was a business, then the Distance Selling Rules apply and you can reject the purchase within 7 working days for a full refund.

[tempiodelgusto]

Yep,

Go to the bank that provided your debit card. Explain. Normaly they should make a phone call to the company you payed with (f.e. VISA) and those will send you a letter. They advice that you try to settle your dispute with the seller.If not possible they ask for proof (letters,e-mail) that you made the efford to settle.And then they open 'a case'.

greetzzz

[AlexLin]

I just contacted my Bank (Bank of America) and they told me I had to ship the monitor back before they can open a claim. If I do that then there's no way for me to guarantee my money back whatsoever. Should I call again and ask to speak to a different representative?

[tempiodelgusto]

yo,

In my opinion,and I am not a lawyer or professional, there is no use in speaking with another representative.

I would try to come to terms with the seller.Try to persuade him that you have no fault in this.If not count what sending back will cost you.In the end you have the item you want , just a little bit more expensive than you thought.BUT you will have want you want.

[perplexity]

I just contacted my Bank (Bank of America) and they told me I had to ship the monitor back before they can open a claim. If I do that then there's no way for me to guarantee my money back whatsoever. Should I call again and ask to speak to a different representative?

 

To the contrary, so long as you formally cancel a distance contract, the right to be refunded under the Distance Selling Regulations is unconditional and absolute, never mind whatever conditions the seller or a bank or anybody else would rather expect to impose.

 

If you cancel, there is not so much as a duty to return the goods to a seller, only to make them available to a seller to collect, which is not say that in this particular case you should, because the goods to be delivered did not arrive.

 

I would simply have told the bank that there is nothing to return!