Bank wont process chargeback with Paypal!

jroberts

Hi,

I really need some help here.

About a month ago I order some goods from China with a value of £2000 on Ebay.

After waiting for 4 weeks I received a letter from Customs saying the goods had been seized and were fake. They are in the process of destroying them.

I did purchase another item from the same seller which did arrive and I signed for it.

Instead of going through Paypal to claim the money back I decided to call my bank (HSBC) as I paid using a Visa credit card and assumed I could do a chargeback. They told me I cannot make a claim as I paid usign paypal and as this is a thirdparty I was not covered!!!

If I go through paypal it will take months and the seller will just say that he sent it to me and will use the previous order to show that I received it.

What can I do?? Are HSBC correct in saying I cant do a chargeback?

soolin

First Direct (which are HSBC) were happy to do a chargeback for me but only after i had exhausted the full paypal dispute system first.

Optimist

HSBC are correct, using your credit card through Paypal does not fall within the remits of the Consumer Credit act.
The payment did not go direct to the trader but went to Paypal who then paid the trader.

You need to go through paypal to make a claim..

jroberts

Thanks for your comments.

I just know that the seller is going to say that I received the items already. I always use my credit card for online purchases and I'm totally shocked that I'm not covered.

Ivory_Tinkler

How can the seller say you've received them if you've got something from customs to say they've been destroyed? I think you might stand a chance getting your money back from Paypal as long as you can prove that the goods were fake and you have got that proof in the letter you received. It might take a while but try the Paypal route first and if that fails, then go back to your bank to see what they say.

jroberts

Because the seller sent me two seperate items and I received one but not the other.

Ivory_Tinkler

Tell Paypal what your supplier has done and if possible provide the two tracking numbers the one being for the goods you received and the other for the goods destroyed. As you did receive one parcel, does that contain fake merchandise too? If so, are you sending them back to your supplier for refund?

soolin

Paypal is subject to credit card chargebacks, as a seller we are warned that if a credit card charges back they can do very little to prevent it.

HSBC were certainly prepared to chargeback for me and numerous other people on the ebay board have had refunds via credit cards as well. The only thing paypal do say is that buyers going to their credit card company risk having their paypal account closed, but frankly if I was about to lose a lot of money I'd rather lose the paypal account.

3plus1

jroberts wrote: »

Are HSBC correct in saying I cant do a chargeback?

After my big PayPal dispute saga (which I eventually won with the help of posters like soolin above), someone managed to buy some rubbish using my PayPal account (from memory, it was about $250-ish). I was horrified to have another PayPal problem on my hands. My PayPal account was linked to my HSBC credit card, so in floods of tears, I rang the fraud department, said I thought my credit card might have been compromised and to cancel and reissue it and wailed about the money that had been essentially stolen.

They said I had done the right thing by calling them (possibly to calm me down, I was so upset - first time I'd been a victim of fraud!) and that they would start a dispute with PayPal for the money. They said I should try and reclaim the money from PayPal myself too. If I was successful, I should tell them and they would stop chasing PayPal. But in case PayPal didn't return my money, they would start chasing at the same time, to cover all bases.

I thought HSBC were awful for the way they handled the graduate account fiasco (it didn't affect me, but a lot of my friends were sick with worry), but the way they handled this situation really restored my faith. They were incredibly helpful.

Who did you talk to? Did you call the credit card fraud people or did you try to speak to someone in branch? I really do think HSBC should be helping you here and I'm surprised they haven't already set things in motion.

jroberts

I rang their customer service number and was put through to a specialised department.

It was based in India and the guy didnt seem at all helpfull. He just said as it was through Paypal they cant do anything.

If thats the case why have they dont it for other HSBC customers??

Optimist

jroberts wrote: »

I rang their customer service number and was put through to a specialised department.

It was based in India and the guy didnt seem at all helpfull. He just said as it was through Paypal they cant do anything.

If thats the case why have they dont it for other HSBC customers??

As I previously stated you are NOT covered under section 75 of the Consumer Credit act if you use your credit card on Paypal. This is because there is no direct payment relationship between you and the supplier.

If HSBC have helped others in the same circumstances of you that is their prerogative but they are not obliged to do so.

You really need to start a dispute on Paypal. You have a letter from HM Customs to back you up.