Visa Debit Card Chargeback Scheme not same as Credit Card?!

never-in-doubt

hippey wrote: »

I think there is a lot of confusion over the 'chargeback' system, it IS the same for debit or credit, it differs slightly depending on the card scheme (Visa/Mcard/Discover/AmEx/Diners)

The main difference is with Credit in the UK you have additional rights gained from the consumer credit act, however the rest of the chargeback system is the same.

If you claim under the consumer credit act, the issuer does not always raise a chargeback with the retailer, in many cases they cannot. The main reasons for a chargeback will be CNP fraud, non-arrival, price difference, non authorised transaction & card processed outside scheme rules. There are more but I won't bore you all with them.

The problem with all of these reasons for chargebacks there are some elements of proof required on both sides, for instance if a retailer proves he sent the items that sometimes can be enough to resist the chargeback request.

If you include a third party processor lick paypal, then your rights stop there, you have to claim from the processor not the issuer (in most cases).

Remember PayPal and eBay both conform to the DSR (http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/) so worst case scenario, report them/the seller under this.

You have the emails as proof ok, so send these to PP in your dispute and this should sway things in your favour....

Read here for chargeback rules: http://www.which.co.uk/advice/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/index.jsp

Seiba

I had thought about using smart courts claim but he's aware because he's in another country it will be very difficult for me to go through this process. In one of his emails he laughs saying he's an American citizen and wonders what a puny British court can do.

I didn't use ebay. I found his advert on gumtree and then paid slightly over £100 to him via paypal. I haven't realised it but now realise the email he communicates me with are different to the email he used on paypal. I posted the email header details on paypal anyway. He's never communicated using the paypal messenging box either.

If I make a small courts claim do I need to appear in person?

normanmark

What did you actually purchase?

never-in-doubt

normanmark wrote: »

What did you actually purchase?

must be an ebook or program that was delivered electronically...... I doubt the OP will admit it if it was say 100 credit card numbers lol....

Seiba

I'm going to phone up Halifax to find out why my chargeback claim was denied. I've also sent the fraudulent seller a warning email, giving him 7 working days to respond, telling him I'll take him to court under the European Small Claims Procedure if he refuses to refund me.

I reminded him his claim that he provided the service can be proven all !!!!!!!! as I still have his email correspondence.

Hopefully he will see reason and refund me or I will sue him for my money, including interest.

PS: Don't bother asking what I purchased. It's legal but not something ethical, lol.

Seiba

I phoned up again today and was told to email them the email correspondence as evidence. Seems like some staff think visa debit card doesn't work like visa credit cards when it comes to chargebacks while others do... I was even told today is the last day before my only option left is a court claim, lol. The previous Halifax staff never told me about this deadline.

Just sent them all his rude emails bragging how he's immune to court claims because he's in another country. It didn't look good when I referred to him as Sir but he referred to me as Moron.