Virgin/MBNA Chargeback for services not delivered in time - Bank/FO refusing

chessmaster

Hi all,
I engaged in a project with an Indian company to build me a website in June 2008. I paid using my Virgin (MBNA) credit card through a third party called Guru.com who took the payments and paid the supplier direct.
The project was for a total cost of £25,650 of which I paid in phase’s up to the total amount of £17000. The website was supposed to take 4 months to complete which should have been the 29th September, I raised my chargeback request with Virgin on the 23rd Jan meaning I was within the 120 day chargeback period which would have been the 27th Jan.
Virgin are saying that they won’t perform a chargeback because I didn’t pay the total amount to the supplier, however I have stressed to them that they did not complete the work within the contract agreement of 4 months and that I felt I was being messed around. I even gave them a report by an independent web design company who said the site had been poorly developed and was not fit for purpose. They only ever asked for money and didn’t correct any issues I raised with the website and kept moving the project completion date out. It basically ended up with a total breakdown of communication between the supplier and I where they did not want to go back and correct issues with the website and only wanted more money from myself even though the project completion date had passed.

Seeing as though Virgin will not issue a chargeback so I went to the Financial Ombudsman and made a complaint in March. Since then I have recently had a final decision from the adjudicator saying that he felt the bank was within reason to reject the chargeback on the grounds that I did not pay the total contract value, if this was the case and they had still not delivered then the bank would/should perform a chargeback. However I have explained that the supplier did not complete the website within the contract date and I felt by giving them more money and time to complete I still wouldn’t have had a complete website.

The adjudicator has also explained because I paid through a third party who initiated the deal and payment were made through that section 75 does not cover me which is frustrating to say the least.
The adjudicator has now said I might have a chance by taking Virgin to court on the grounds of the contract being breached.

Any help or suggestions would be much appreciated.

BFG_2

Appeal, 9,10

chessmaster

BFG, Im assuming you are talking about the CC Act 1974, Sections 9 and 10. What exactly are you reffering to within these sections, what would you suggest asking the FO to review under appeal?

Anihilator

You won't win.

BFG_2

chessmaster wrote: »

BFG, Im assuming you are talking about the CC Act 1974, Sections 9 and 10.

Lol, how funny.

I actually typed 9,10 to get up to 10 characters in my post [as MSE won't let you post less than 10 characters!!.]


Lol again

chessmaster

BFG wrote: »

Lol, how funny.
I actually typed 9,10 to get up to 10 characters in my post [as MSE won't let you post less than 10 characters!!.]
Lol again

Yeah Im definetly going to appeal there decision, it's only how I do it im not clear on at the moment. I think I need to make it clear cut. For example I have read under the VISA Rulebook for issueing a chargeback the following applies:

Reason Code 30: Services Not Provided or Merchandise
Not Received
Definition The card issuer received a claim from a cardholder that merchandise or services
ordered were not received or that the cardholder cancelled the order as the result
of not receiving the merchandise or services by the expected delivery date.
Most
Common
Causes
The merchant:
• Did not provide the services
• Did not send the merchandise
• Billed for the transaction before shipping the merchandise
• Did not send the merchandise by the agreed-upon delivery date
[FONT=&quot]I have already spoken to the adjudicator about the above and says I could appeal in light of this information however he has already given his reasons along with the banks reasons and he has spoken to the ombudsman who has agreed with his decision therefore an appeal is unlikely to be successful...[/FONT]

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