Co-Operative Visa chargeback problems - warning

lulu999

Dear All,

I recently received an item that I'd ordered online that was neither accurately described (used) nor of satisfactory quality (worn out).
I contacted the retailer who would agree only to refund the item price and not the cost of delivery. They additionally expected me to return it back at my cost. I informed them that I wanted my full expenditure refunded, and, they would have to pay the return costs or collect the item. They refused.

I contacted my Visa credit card supplier (Co-Opertaive Bank) on the understanding that a Chargeback would be applicable in this case (item < £100). I used my Visa card for this particular transaction because I'm of the understanding that you have protection like the Consumer Credit Act Section 75 for transactions outside of the CCA.

Despite the retailer being in breach of contract of the Sale of Goods Act, and that additionally under that act I'm under no obligation to return the items, the Co-Operative Bank are not willing to do anything until I have paid to return the goods.

They state that they aren't concerned with consumer law and follow Visa regulations.

What concerns me is that you are led to believe you have protection like CCA s75 for items outside of CCA s75, when you don't.

I have also been unable to find a copy of these Visa regulations anywhere.
Be very careful when using your Visa card outside of CCA section 75, or it just the Co Operative bank who are being unco-operative.

stclair

Have a read of this not sure if it will help your situation.

http://www.theukcardsassociation.org.uk/files/ukca/section_75_v3.pdf

lulu999

Further update.....

They will not provide me with a copy of Visa's 'rules' regarding chargebacks, stating they're for merchants only.

It would appear that the promise of Visa's protection outside of CCA s75 is completeley hollow.

This is a very poor show by the Co-Op bank.
In addition to never using them again, I'm off the Financial Ombudsman with this one.

gnaril

Ill help you on this one mate as i work for a banks disputes department.

Visa- Your protection re SOGA etc you can forget about, you have to look at these completely seperate from the protection on your credit card in terms or chargeback.

Your bank are correct, under Visa regulations, they will not assist in any aspect until the goods are returned to the merchant. If the bank were to chargeback the transaction whilst you still had the goods, Merchant would contest the chargeback.Visa ALWAYS sides with the merchant in these cases trust me. Its a rubbish rule. At least on Mastercard all you have to do is tender return.

All due respect, bank are not going to give you any regulations, you can find pieces on the interweb, the info is purely for bank not for you.- Also correct consumer law is completely seperate as above. Doesnt stop you taking the fight direct to them, consumer direct will give you advise re this.

I dont know what you bought, but you got bank aint did nothing wrong. Just send it back and get your refund and chalk it down to experience. PS dont use Visa:P

woody01

This an Ebay purchase?

1jim

Send the retailer a letter saying you will return at their request at your expense, that you want a full and immediate refund including initial delivery charges and costs associated with returning the item and that you are returning item under sales of goods/distance selling (whichever applies) give them 7days to refund, then start small claims procedured.
Now if this was an ebay (or similar) purchase and was from private seller then a lot of this is buyer beware and would need different advice