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Refund Owed from January

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Hi guys, I am after a bit of help really and feeling like I am getting no where.

Here is the story:

I purchased some clothes on my credit card in December from an online retailer and former shop for over £200.

I returned 3 out of the 5 items within the returns policy of the company by special delivery (I still have the receipt and proof of postage).

I then having noticed that the refund had not been issued in February, contacted the company to find out that the shop had closed however, the online shop would remain open and they asked me could I email them a copy of the proof of postage and what items I had sent.

I did this and gave the order number and sent the original invoice and asked how long it would take. They said they were changing system and it should take no longer than 2 weeks. (This being end of Feb by now)

I left it until mid-March and emailed them again (as they have no phone number due to the shop closing) asking what was going on. They emailed me back saying that the systems should be up and running again by that Friday if not sooner and they would refund me as soon as it was and apologised for the wait.

A week went by (25th March) and then they emailed me again saying: Could you please give me your Account number, sort code, etc so I can process a refund via a bank transfer. Also what were the items you sent back out of the three you ordered just so I can cross check with my records.
Sorry for your wait.

I emailed back the same day with these details and then I have not heard anything since then despite numerous emails. Nor have I had a refund.

I didn't know what I could do from this point and so I contacted Consumer Direct who advised to ask my credit card company to charge back the amount due to the circumstances under section 75 of the consumer credit act.

I contacted them and because it has lapsed more than 100 days, under MasterCard regulations they cannot do anything apparently. I contacted Consumer Direct again who said this was a load of turd and that you have 6 years from the date of the transaction to make a claim.

I then sent a complaint letter to my credit card company who wrote back saying they are governed by MasterCard regulations however "if after getting independent advice from an organisation such as Trading Standards you may have a claim to make... if so send in all supporting evidence...."

I had already told them I had gotten advice from Consumer Direct (who deal with all customer queries on behalf of Trading Standards) and so now I have had to send in all the emails, proof of postage etc to them however I am really concerned they are going to turn around and say the same thing that they cannot help again.

Does anyone have any experience of this and if so, how did you fare?

Comments

  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bump..................................................
  • ABH_3
    ABH_3 Posts: 1,211 Forumite
    ste_coxy wrote: »
    Hi guys, I am after a bit of help really and feeling like I am getting no where.

    Here is the story:

    I purchased some clothes on my credit card in December from an online retailer and former shop for over £200.

    I returned 3 out of the 5 items within the returns policy of the company by special delivery (I still have the receipt and proof of postage).

    I then having noticed that the refund had not been issued in February, contacted the company to find out that the shop had closed however, the online shop would remain open and they asked me could I email them a copy of the proof of postage and what items I had sent.

    I did this and gave the order number and sent the original invoice and asked how long it would take. They said they were changing system and it should take no longer than 2 weeks. (This being end of Feb by now)

    I left it until mid-March and emailed them again (as they have no phone number due to the shop closing) asking what was going on. They emailed me back saying that the systems should be up and running again by that Friday if not sooner and they would refund me as soon as it was and apologised for the wait.

    A week went by (25th March) and then they emailed me again saying: Could you please give me your Account number, sort code, etc so I can process a refund via a bank transfer. Also what were the items you sent back out of the three you ordered just so I can cross check with my records.
    Sorry for your wait.

    I emailed back the same day with these details and then I have not heard anything since then despite numerous emails. Nor have I had a refund.

    I didn't know what I could do from this point and so I contacted Consumer Direct who advised to ask my credit card company to charge back the amount due to the circumstances under section 75 of the consumer credit act.

    I contacted them and because it has lapsed more than 100 days, under MasterCard regulations they cannot do anything apparently. I contacted Consumer Direct again who said this was a load of turd and that you have 6 years from the date of the transaction to make a claim.

    I then sent a complaint letter to my credit card company who wrote back saying they are governed by MasterCard regulations however "if after getting independent advice from an organisation such as Trading Standards you may have a claim to make... if so send in all supporting evidence...."

    I had already told them I had gotten advice from Consumer Direct (who deal with all customer queries on behalf of Trading Standards) and so now I have had to send in all the emails, proof of postage etc to them however I am really concerned they are going to turn around and say the same thing that they cannot help again.
    Does anyone have any experience of this and if so, how did you fare?
    I should imagine the last question there is the reason for the lack of attention to this thread. Obviously due to not many people experiencing this issue.

    Here's something for you however:
    Conditions and requirements of chargeback

    The main requirement for compensation is evidence that there has been a breach of contract.

    There is also a 120-day time limit on claims. This time limit starts from the day you are aware of a problem, or, in the case of something like flights with an airline that goes out of business, from the day the flight was due to depart.
    Source: http://www.which.co.uk/advice/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-visa-debit-cards/index.jsp

    So time for a letter, put in all your details again, ensure that you set everything out as succinctly as possible. Perhaps mention that after being advised by Consumer Direct of your rights and being made aware of Mastercard's responsibilities. You were somewhat disappointed to have made contact using the xxxx xxxx phone number and talk to a Mastercard representative and be given what they consider incorrect advice. You might even suggest that the person you spoke too receives further training on the CCA1974 as they are embarrassing the company with their lack of knowledge ;)

    This article here suggests a means of setting it all out:
    http://www.timeshare.org.uk/cca74.html

    After scanning through your post again, I see you've essentially got everything, just really need to write them a letter and to think I could have just said the last paragraph and concluded there.

    HTH
    It could have been worse. At least source code's not combustible, or you can bet somebody at McAfee would have lit it.
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