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Chargeback, is there anyone who knows if i am entitled to one???

Hi

I ordered a TV from empire direct and paid by Visa Debit Card. Now i know i can initiate a chargeback as the company has gone into administration but i actually received my TV and sent it back for a refund as it was faulty.

I am a bit confused as i spoke to 4 people from ED, 2 said i should be able to initiate a visa debit card chargeback and the other 2 said i wouldnt be able to as i did receive the order (despite me sending it back as it was faulty.)

I spoke to consumer direct and they said the contract is incomplete so i should be able to initiate a visa debit card chargeback.

However as i said Empire Direct have said that due to the fact i did receive the goods i wouldn't be able to simply initiate a charge back on the grounds of faulty goods or goods not received.

I obviously do not agree with this as the chargeback rules states if the goods do not materialize or are faulty or the company goes into administration while your order is outstanding you are entitled to a refund.

Does anyone actually know for sure if you can do a chargeback if a company goes into administration while you ware awaiting a refund and have no goods form the company?

Taken form this site:
"if you pay for something and that order hasn't been adequately completed or is never received, or the order is illegitimate in some way, your bank can do a Chargeback from the bank that collected the payment"

Comments

  • JAG
    JAG Posts: 1,304 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you think it is unlikely you are going to get your money refunded by ED then I would do the chargeback.

    When I did a Visa Debit chargeback a few years back I explained the situation and sent any correspondence I had with the company, and then they (the bank/visa) decided if the chargeback would go ahead (which it did).
  • al1982
    al1982 Posts: 26 Forumite
    ED said they will be doing no refunds.

    Was your situation similar??
  • al1982
    al1982 Posts: 26 Forumite
    So no one knows for sure??
  • zenseeker
    zenseeker Posts: 4,551 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They are in administration, so contact the administrators.

    Chargebacks don't always work, the administrators may have blocked such actions.
    We have removed your signature - please contact the forum team if you are not sure why - Forum Team
  • al1982
    al1982 Posts: 26 Forumite
    The administrators say on the site that if you have "unfulfilled" order then contact you bank if you paid by cc or visa debit to do a chargeback.

    However i am not sure if my transaction counts as unfulfilled as i did receive the item, sent it back for a refund and then never got a refund.
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