Chargeback for counterfeit goods shipped from China

2

Comments

  • quinn132
    quinn132 Posts: 6 Forumite
    I recieved the clubs today, its funny, they were sold on the site for £240 with no delivery charge. When i spoke to Natwest the other day they said a charge of £250ish was made on to my Visa debit card, then the delivery invoice has them at £58.72. I still have the original invoice of £240 though.
    Plxply wrote: »
    I assume if he sends them off and they turn out to be fake they will have to be destroyed as if the company sends back counterfeit goods blah blah blah nonsensical law even though it's a counterfeit of their own product. Genuine should be sent back perfectly fine though.

    It's just important that he makes sure to follow the process, the clubs shouldn't need to be in his possession (as far as I know) as long as he has the official report from the real manufacture.

    This is what i am looking for "the proper process". As i say the bank has told me what i require to start a claim. However during research it has been said that to make a chargeback the items must be returned as visa does not allow for the claiment to recieve back the funds and keep the goods even if they are counterfeit (absolutly ridiculous in my eyes, send counterfeit goods back to a counterfeiter so they can re-sell them. Very logical).
    stclair wrote: »
    Surely if they are genuine you will keep them is that right

    Who is the retailer you have purchased them from out of interest?

    Yes thats right, and if that was the case i would be very pleased. However the more research i do the more unlikely it seems these are genuine goods.

    I will PM you the site address as i do not want to be posting links in public for rogue retailers. Anybody else interested in the site address please PM me.
    chanz4 wrote: »
    Why not just refuse the delivery?

    This was my initial thought but Natwest advised me to accept the delivery. Hopefully they are right in advising that.
  • quinn132
    quinn132 Posts: 6 Forumite
    Slight good news, i contacted mizuno again trying to find where on the club i would find serial numbers, aparently standard sets dont have serial numbers. The lady i spoke to rememberd the conversation i had with her the other day The site has been flagged by them for investigation and they defiantly do not have an account with mizuno. Meaning that they are not being supplied directly which makes their low prices even more suspect.

    Well anyway the good news, Mizuno are telling me that they will return the clubs to me guarenteed even if they are counterfeit, so at least that should cover the "prove they are counterfeit" part of the claim.
  • meer53
    meer53 Posts: 10,217
    First Post First Anniversary Combo Breaker
    Forumite
    You've been given the correct advice by your bank regarding the chargeback process.
  • System
    System Posts: 178,078
    Photogenic Name Dropper First Post
    Community Admin
    Chargeback relies on the bank being able to reverse the complete transaction. I.E. bank get the money back from the seller. Is this likely to happen with them being in China?
  • lisyloo
    lisyloo Posts: 29,583
    Name Dropper First Anniversary First Post
    Forumite
    edited 28 March 2012 at 2:44PM
    Chargeback relies on the bank being able to reverse the complete transaction. I.E. bank get the money back from the seller.
    Are you certain about that?
    I've just had a chargeback done for Peacocks that went into administration.
    I was told by Capital One that ultimately liability rest with the bank although they do have the right to dispute.
    Do you have a link for your claim?
    In this situation (administration) the bank will be a (largely unsatisfied) unsecured creditor.
  • meer53
    meer53 Posts: 10,217
    First Post First Anniversary Combo Breaker
    Forumite
    !!!!!! wrote: »
    Chargeback relies on the bank being able to reverse the complete transaction. I.E. bank get the money back from the seller. Is this likely to happen with them being in China?

    When a chargeback is actioned, it's processed through the Visa system. It's just a reversal of the original transaction. The customers account is credited, and the sellers account is debited. There's no discussion with the seller, it just happens electronically.

    The discussion starts if the seller decides to represent the chargeback with documents proving why they should not have been redebited. (In my experience, not very likely in this case !)
  • quinn132
    quinn132 Posts: 6 Forumite
    thankyou meer53 very usefull information.

    I have just tried to use the sites refund form (site claims 30 days return policy) but the link leads to a 404 URL not found. I have used the customer service email address but cant say im holding my breathe for a reply.

    meer53 you seem to know the procedure well, do you have any expereince or advice regarding counterfeit goods that might be of use to me?
  • System
    System Posts: 178,078
    Photogenic Name Dropper First Post
    Community Admin
    meer53 wrote: »
    When a chargeback is actioned, it's processed through the Visa system. It's just a reversal of the original transaction. The customers account is credited, and the sellers account is debited. There's no discussion with the seller, it just happens electronically.

    The discussion starts if the seller decides to represent the chargeback with documents proving why they should not have been redebited. (In my experience, not very likely in this case !)
    But it can only work IF it can go all the way back and pull the money from the seller.

    Iffy Chinese site, will Visa succeed in debiting their account? As I said the complete transaction must be reversible for chargeback to succeed. The banking system will not take on a debt in a chargeback scenario without being able to get that money back.
  • lisyloo
    lisyloo Posts: 29,583
    Name Dropper First Anniversary First Post
    Forumite
    But it can only work IF it can go all the way back and pull the money from the seller.
    Again I would challenge that.
    I have a chargeback done against Peacocks bank.
    They are not going to get it back from the seller. They willl be an unsecured creditor to a company in administration.
    The banking system will not take on a debt in a chargeback scenario without being able to get that money back.
    Sorry but I have black and white evidence that this is wrong.
    I have a chargeback from a seller who will never pay because they've gone bust (well they may recover a tiny amount as an unsecured creditor).
  • meer53
    meer53 Posts: 10,217
    First Post First Anniversary Combo Breaker
    Forumite
    Lisyloo is correct, it doesn't matter whether the seller is still trading, a chargeback can always be done. The seller will have a bank account (they wouldn't be taking Visa payments otherwise) their account is just debited, no questions asked. If the seller has gone bust, the transaction is just added to their debt.

    No bank knows whether a chargeback will be successful when it's actioned. The only way the OP's chargeback won't work is if the seller can prove the goods aren't counterfeit. As i said previously, this is highly unlikely.

    There are huge problems with counterfeit goods from China, best to do your homework before ordering really.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 342.6K Banking & Borrowing
  • 249.9K Reduce Debt & Boost Income
  • 449.5K Spending & Discounts
  • 234.7K Work, Benefits & Business
  • 607.2K Mortgages, Homes & Bills
  • 172.8K Life & Family
  • 247.5K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards