CC Chargeback / Mastercard / Halifax issue

mulletboy2

Hi guys,

My first post here, so please be gentle

On March 17th, my significant other purchased a driving experience for me, through Days to Amaze. She paid with her Halifax CC. On Wednesday this week, I was informed by the company running the experience (Everyman Driving) that Days to Amaze have gone in to liquidation prior to paying for the event, so I am no longer entitled to it, and that we would have to pay again if I still wanted to do it.

I rang around various places, spoke to the liquidators and the company who has taken over Days to Amaze's website, and both of these look like a dead end. The liquidators advised we claim on a chargeback on the credit card, so she proceeded to phone Halifax.

She was politely informed that Mastercard have changed their operating procedures, and chargebacks are no longer automatic. She was told to write to Halifax, they'd review, contact the liquidators, and if they were able to recover her monies, she'd get a refund.

This didn't sound right to either of us, but they assured us that this is the case.

We both jumped on t'internet and did some reading around, and it appears that this policy would be in contravention to Section 75 of the Consumer Credit Act 1974. The value of the service was > £100 and < £30k, as required by the act. We have not been let down by the service provider, but the agent themselves - the service provider are still happy to go ahead if they get their money. As such, we believe that the credit card provider is equally liable under terms of this act.

I have contacted the CAB and they basically said "yes, we agree.". So, we've sent a letter, recorded delivery, to Halifax expressing that we expect a refund in full and are awaiting their response. Unfortunately, on the phone they told us to expect a 6 week wait for a decision.

During this 6 weeks, they are a) earning interest on her money AND credit card bill, and b) delaying and possibly destroying my chances of receiving this gift this year (it's a 30th birthday present). It is a very limited experience, with, as far as I could make out at the time of booking, 1 day per month and only sunny days to do it (F1 driving).. so there's very few days left for me to book it on.

So, we think we're being messed around and that they have no leg to stand on. Can anyone advise please?

Cheers

Mark

benf90

I bought a similar sort of thing for a member of my family. The company I bought the voucher through also went bankrupt, we didn't find out until the member of my family phoned to book in a date.

I used my Egg Money card which is a MasterCard. Fortunately my experience was a little better as I received a full refund within around 10 days or so. You're definately in the right so don't let them try and get out of it.

I don't have a Halifax credit card but I think you've done the correct thing in sending a letter by recorded delivery.

If it's any use this is process I had to go through to get my refund, this was around 6 months or so ago.

1. Called the usual customer services number and gave details of the transaction etc. They passed the details onto what I think they called the Disputes Team (this was in the evening).

2. The next morning I get an answerphone message from that team asking me to call them back (gave me a direct number). They asked me some questions such as why I needed a refund etc.

3. A couple of days later I get a letter through the post asking me to enclose as much information as possible and return it in the provided envelope, the postage was already paid etc which was good I suppose.

They asked for a copy of the voucher, proof that the company had gone into administration and any other additional information I may have.

I sent:

A photocopy of the voucher.
Screenshot of the website which had a notice about administration etc.
Copies of the confirmation/receipt emails I recieved at the time I paid for the voucher.

4. I heard nothing more from them but just a few days after sending those documents to them the credit was on my account.

Hopefully you've just been given the wrong information by a misinformed customers services rep, but I hope you get it sorted out either way.

Also, it maybe worth having a read through the Banking Code. I can't remember from memory whether or not it sets out timescales etc they need to adhere to in these situations.

You've got the law on your side anyway so don't take no for an answer.

leicsmarkyr

They should put the transaction on dispute whilst it being investigated which means no interest will be charged whilst investigations is taking place.

If in your favour, transaction reversed and no interest.

If not in you favour, transaction off dispute and interest charged

scoobylyn66

I also got done by this company, brought a track day for my husband as a christmas present. But, I paid by Debit Card rather than credit card. Silly mistake as it seems I cannot claim any money back.

The liquidators wrote today to say they were in debt by almost 500k. How on earth does a company like that go bust, with no real outlay, internet business. I think it must be fraudalent - they trade well over christmas and then do a runner!! Absolutely criminal playing on others emotions knowing people spent hard earnt money on presents for christmas!

Has anyone ever managed to get a chargeback on a debit card?