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What to do after a Chargeback?


Mat_F
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After my bank does a chargeback (for a visa credit card payment) what happens if the online retailer then sends the goods?

 

I no longer want the item from this company, as they have proven their severe lack of customer service skills, so I'd hate to think of the nightmare that I'd have if anything was to go wrong with the product under the warranty. I just want my money back, so that I can order from somewhere else.

 

Therefore, if they have now sent the item, is it best for me to refuse delivery?

 

Are they even allowed to still try to supply the goods after the chargeback has been initiated?

 

Any help would be very much appreciated.

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Therefore, if they have now sent the item, is it best for me to refuse delivery?

 

According to Section 27 of the Sale of Goods Act

 

It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
None the less, this would not apply when you properly inform that a distance contract is cancelled because the SOGA applies to a contract, which must then be treated as if it had not been made, apart from the Distance Selling Regulations.

 

:cool:

 

Are they even allowed to still try to supply the goods after the chargeback has been initiated?

 

An attempt to continue to inflict unwanted goods could be prosecuted as an offence under Section 7 of The Consumer Protection from Unfair Trading Regulations, Aggressive commercial practices

 

If you want to cool their enthusiasm, that ought to do the trick.

 

PS.

 

As a matter of common sense, if you refuse to accept a delivery, that saves the cost of returning the goods to the seller, if the seller was wise enough to declare an address for the Royal Mail to return the goods to. It is not so uncommon for a seller to neglect to do this, the eventual result of which I do not care to opine about.

Edited by perplexity
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Hi Mat,

 

If you paid with Credit Card and its over £100 in value I think you are covered in any circumstances, the best thing for you to do is call your credit card issuer, and speak to them direct. I had to do a chargeback once and they dealt with everything for me and I got my money back really quickly.

 

Hope this helps

Saz

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Thanks Saz.

 

I spoke to my bank (last week) and they have returned the money to my account (for now) but said that there is a 60 day period for the retailer to appeal/contest the chargeback.

 

A couple of days after talking to my bank, I checked the online status of the order and it had been changed to shipped/completed. So I wasn't sure if they had done that to 'close' the order because of the chargeback, or if they had actually shipped it so that they could then claim they have sent it and required the money to be paid.

 

Nothing has turned up so far (which hopefully means it's the first of the above options) so the main reason for posting was to get some advice about what to do if it does turn up at my door. Not just for this situation, but also for future reference.

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Well, they did send it. I've just refused delivery of it.

 

I've also spoken to my bank for the last 20 minutes and got nowhere.

 

Seems like I am about to get shafted!!

 

Why the hell do we have rules and regulations covering people for buying items over th internet when, at the end of the day, none of it means a thing.

 

Why do I bother!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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You haven't signed for it, so they have no proof of delivery, so the Chargeback should stand. Did you send an e-mail to cancel the order?

The goods need to be returned to the retailer, which you've done. Just keep checking your account. Put a block on that retailer taking monies from your account. Do it in writing, make sure you explain the goods were refused on delivery.

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But as my bank have explained to me, the retailer can now claim that they have sent the goods but I refused delivery. This gives them the right to keep the money, because my bank have not actually reclaimed it yet. When a bank does a chargeback, they place the amount back into your account, but this is not yet the original payment. The retailer has up to 60 days to confirm if the chargeback can be done or not. If they prove that they supplied the goods, or attempted to, then they are within their rights to keep the money and the bank will take it back out of my account. Meaning I then have to contact the retailer and ask for a refund, which is obviously going to be fun.

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The retailer has up to 60 days to confirm if the chargeback can be done or not. If they prove that they supplied the goods, or attempted to, then they are within their rights to keep the money and the bank will take it back out of my account. Meaning I then have to contact the retailer and ask for a refund, which is obviously going to be fun.

 

:roll:

 

It is a statutory duty, for a supplier to reimburse the consumer when a distance contract is formally cancelled.

 

The argument about the delivery is a red herring. The consumer's right to cancel a contract that is not excepted is unconditional.

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