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Play.com and Capital One chargeback ***Resolved***


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Hi everyone,

 

I bought an item from a Play.com seller (Playtrade) around mid-February for about £30 (an office machine).

 

The Playtrade seller said he despatched the item the same day I ordered it but it turned out to be false. I contacted the seller several times by email and no reply. I filed a Missing Item Claim and a Fairplay Guarantee Claim but Play.com didn't reply to the latter. So I filed a chargeback with my credit card company (Capital One) and they refunded me the money.

 

Today I received a letter from Capital One saying that they will give the seller 45 days to resolve the dispute. I called them up, telling them that I already purchased the goods from another retailer and that the seller is in breach of contract. I also asked them what would happen if the seller sends the goods, and they said they will reverse the chargeback.

 

This is unfair. So the seller gets a whopping 75 days to send me the goods AND I end up paying for the goods twice because I bought it from another supplier. I told Capital One this, and they said I need to contact the seller and tell him I no longer want the order. So I sent the seller a message saying I'm cancelling the order, but Play.com give the seller 3 working days to reply. What would happen if the seller sends the item within this 3 working day period? Wouldn't that mean Capital One would reject my chargeback claim?

 

Also I noticed that whenever someone writes the words "breach of contract" in the contact seller text box, Play.com automatically reject it and say "Your message contains inappropriate content". When I removed these words the message was sent! Unbelievable.

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Hi hacksaw

 

I would write back to Capital One. Tell them what they propose is unsatisfactory as the seller has already had the opportunity to fulfill the contract. The seller has failed in that regard. You have received the Chargeback. As far as you are concerned that is the end of the matter.

 

Explain to Capital One that because Capital One are regulated by the Financial Conduct Authority, that Capital One have to adhere to a set of legally binding key principles laid down in the Conduct of Business Sourcebook:-

 

6 Customers' interests - A firm must pay due regard to the interests of its customers and treat them fairly.

 

7 Communications with clients - A firm must pay due regard to the information needs of its clients, and communicate information to them in a way which is clear, fair and not misleading.

 

8 Conflicts of interest - A firm must manage conflicts of interest fairly, both between itself and its customers and between a customer and another client.

 

Tell them to send you there final answer so you can lodge a complaint with the FOS.

(If you complain to the FOS, the FOS charge Capital One £500 to look into the matter)

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Many thanks for your response.

 

I think I was worrying for nothing - it does look like that they are not sending the item as I haven't received a response from the seller.

 

Thanks again.

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