HSBC chargeback - not paying!!??

uklondoner

Hey everyone

I bought (paid for) a car on ebay through paypal. Both seller and I agreed not to go through with purhase, seller promised refund by cheque. Cheque came through unsigned, he said send back and he will send another one.

He never sent another cheque. He kept saying it was in the post etc. Loads of messages where he promises me cheque. Then he pipes up and says sorry for not sending the cheque, 'I was short on cash and was playing for time - it will be in post this week'.

Now its months later, and I can't get through to him and there is no trace.

I opened a chargeback dispute at the time,; HSBC won't issue chargeback as they say paypal is a third party. Then they finally said as long as I can provide a letter/ email proving the paypal account is linked to the credit card they will process the chargeback. I obtained an email from PAYPAL documenting the linking of the card and emailed it to hsbs chargeback (as requested) but never received a reply.

I saw some threads on here about HSBC and chargeback problems, so I sent a letter to the 'Internal Chargeback Department'; In it I explained that according to section 75 of the 1974 Consumer Credit Act they were liable and that I would take this to court. That was two weeks ago - I haven't heard anything back.

What can I do here? I am down £900 and am incurring interest (£20 next month!!!) as I can't afford to pay it.

What do I do?? It is possible the letter didnt get through, but there is no number for me to call to check. I did call HSBC and got through to India (AAAARGH!!) and they said they didn't have the number for the chargeback department in Southend but could leave a memo for them to call me back... on Friday between 3-5pm. Lo and behold they didn't get back...


I am totally at a loss now as to what I can do. Due to their incompetence the three months since the chargeback dispute was opened has now ended - but this was there fault. If this can't be sorted through the banks. chargeback avenues, its going to have to be referred to to the police. That's the only thing left to do. It is clear I paid him for the car (paypal records linked with ebay transaction) - and it is clear I have never owned the car (DVLA can vouch for this).

Any ideas?

(please excuse any typos it's late and I am too stressed to read this over:o )

milfordmadness

uklondoner wrote: »

Hey everyone

I bought (paid for) a car on ebay through paypal. Both seller and I agreed not to go through with purhase, seller promised refund by cheque. Cheque came through unsigned, he said send back and he will send another one.

He never sent another cheque. He kept saying it was in the post etc. Loads of messages where he promises me cheque. Then he pipes up and says sorry for not sending the cheque, 'I was short on cash and was playing for time - it will be in post this week'.

Now its months later, and I can't get through to him and there is no trace.

I opened a chargeback dispute at the time,; HSBC won't issue chargeback as they say paypal is a third party. Then they finally said as long as I can provide a letter/ email proving the paypal account is linked to the credit card they will process the chargeback. I obtained an email from PAYPAL documenting the linking of the card and emailed it to hsbs chargeback (as requested) but never received a reply.

I saw some threads on here about HSBC and chargeback problems, so I sent a letter to the 'Internal Chargeback Department'; In it I explained that according to section 75 of the 1974 Consumer Credit Act they were liable and that I would take this to court. That was two weeks ago - I haven't heard anything back.

What can I do here? I am down £900 and am incurring interest (£20 next month!!!) as I can't afford to pay it.

What do I do?? It is possible the letter didnt get through, but there is no number for me to call to check. I did call HSBC and got through to India (AAAARGH!!) and they said they didn't have the number for the chargeback department in Southend but could leave a memo for them to call me back... on Friday between 3-5pm. Lo and behold they didn't get back...


I am totally at a loss now as to what I can do. Due to their incompetence the three months since the chargeback dispute was opened has now ended - but this was there fault. If this can't be sorted through the banks. chargeback avenues, its going to have to be referred to to the police. That's the only thing left to do. It is clear I paid him for the car (paypal records linked with ebay transaction) - and it is clear I have never owned the car (DVLA can vouch for this).

Any ideas?

(please excuse any typos it's late and I am too stressed to read this over:o )

go to small claims online and issue small claims against the seller - thats the best way! He will then be forced to pay you back via the courts, or 'try' and defend it which would be daft!

That's what i'd do.....

uklondoner

Thanks.

Can this also be done against the bank/ cc company?

jonesMUFCforever

IMO No but IANAL.

Your claim is against the seller not Paypal - this is a grey area legal wise but I would heed mifordmadness' advice.

uklondoner

What I dont understand is why there wouldnt be a case for a chargeback? Isnt HSBC liable???

withnell

jonesMUFCforever wrote: »

IANAL.

Bit off topic, but what does this mean? I can only think of something naughty...

ShelfStacker_3

withnell wrote: »

Bit off topic, but what does this mean? I can only think of something naughty...

It means "I am not a lawyer".

I believe it says on one of Martin's articles that you don't get CB rights with PayPal, because it breaks the chain of merchant-card company-customer. Or something like that.

gt94sss2

uklondoner wrote: »

What I dont understand is why there wouldnt be a case for a chargeback? Isnt HSBC liable???

Generally you can only claim a chargeback if you are buying something directly from the retailer with whom you use the credit card - that retailer will also have an agreement with a credit card company.

With something like PayPal, you are using your credit card with them and not the person you are actually buying the product from...

So if Paypal ran off with your money, then the credit card would pay you back - but in this case PayPal did what you asked in transferring the seller your money - which is nothing to do with the credit card company.

You are best off, filing a small claims court claim against the seller..

Regards
Sunil

uklondoner

Thanks guys.

Is there any particular claims court - or should I just do a search on google?

gt94sss2

uklondoner wrote: »

Is there any particular claims court - or should I just do a search on google?

Start at https://www.moneyclaim.gov.uk/

Regards
Sunil

uklondoner

Hi does it matter if I don't have the address of the seller?

I know his ebay id, and his full name. I also have transaction numbers from paypal.