halifax visa chargeback

arch_stanton_3

hi ,can anybody help me. i had 3 visa chargebacks awarded to me only for 2 to be taken back off me. all 3 where within the 120 days since finding out there was a problem even though all 3 purchases where in 2008. the reason the two have been taken off me is because halifax say there are outside of the 540 day rule. does this rule exist?

Tixy

Is this a visa debit card chargeback (rather than a section 75 claim). I actually thought the limit was 180days.

Edit - this is the only guidance I can see on it http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

arch_stanton_3

yes it is a visa chargeback and NOT section 75 claim. ive trawled through the link but it says nothing about 540 days. do different banks have different rules regarding chargeback?

Tixy

I think it should all be done by VISA rules rather than the banks own as its VISAs own scheme. Not sure where else would have advice about it. Unless VISA have their own website with info?

mg-tart

arch_stanton wrote: »

hi ,can anybody help me. i had 3 visa chargebacks awarded to me only for 2 to be taken back off me. all 3 where within the 120 days since finding out there was a problem even though all 3 purchases where in 2008. the reason the two have been taken off me is because halifax say there are outside of the 540 day rule. does this rule exist?

Hi,
Have a friend who has been fobbed off by Halifax on this on basis that 540 rule applies even though claimed within 120 days.
Trouble is, 540 day rule has not been adopted officially by Visa Europe and is part of the "Visa operating Regulations Alignment Project" which was developed post November 2008 by Visa Inc (USA)....... ie; after my friend had made their service purchase!
Not sure on the legalities of retrospectively applying a rule that your organisation has not officially adopted but it seems a bit of a thin & tricky bit of weedling by an organisation that should be thoroughly whipped for how it treats it's customers and then gets bailed out by a Gov't with less sense than (other peoples) money.....I could go on...!
Anyway, Visa Europe are a bit cagey about dealing with Punters direct as they have a service agreement with the Banks and not directly with cardholders. Wouldn't give me the information direct and wanted all sorts of details before they would acknowledge anything I requested.

Suggest you go back to Halifax and ask for a copy of your Visa Debit card regulations pre-dating the time you made your purchase proving that the 540 day limit was in force and part of your visa terms and conditions prior to you making your purchase with your visa debit card. If it was (as it appears) applied later, ask for proof that they have the authority over the courts and the Consumer Credit Act to retrospectively apply the rule. Then ask them if they consider this falls under the "treating Customers fairly" initiative of the FSA or the Unfair contract terms legislation or the rules of conduct under The Banking Code...........there are others....!

My guess, you'll get your money back. If not threaten them with the Financial ombudsman - it'll cost them £500 for you to make a complaint and if your chargeback is less than this a sensible business decision would be to refund.
Good luck.
Have PM'd this as well.
cheers