Visa Debit Chargeback

Plxply

Hello everyone,

I pre-ordered Halo Reach with 800 Microsoft Points (they’re basically used to buy things on Xbox Live) from HMV on the 12th of September for £37.99. On September the 15th the game arrived however I did not receive the pre-order code (the pre-order code unlocks a special helmet in the game) or 800 Microsoft Points which I was supposed to with the order so I contacted HMV on the same day of delivery stating that I did not receive either one, they said that they would promptly send both items to me.

Neither arrived by the 22nd of September and I had to call them once again where they re-assured me that the items had in fact been posted. On the 27th of September I received the pre-order code through the post however I did not receive the Microsoft Points and instead received an email saying that they had been dispatched, after seeing this I decided to wait. By the 4th of October I had still not received the Microsoft Points card and I once again called them where they stated that it was in the post.

At this point as you can probably assume almost 1 month after the order I had not received the items that I bought even through repeat phone calls so I looked into a Visa Debit Chargeback as I paid on my HSBC Visa Debit card. I found the Visa Merchant guidelines on the internet and saw that they mainly want proof that I’ve attempted resolution with the merchant (HMV) so as I had not had anything on record up to this point (all phone calls), I sent them a final email on the 5th stating that if I did not either receive the points code or an appropriate refund by the 13th of October I would be going to my card issuer to which I received an auto-response showing they did in fact receive the message.

However it is now the 10th of October and I still don’t have a reply to my email and I believe that they may not be attempting to resolve it all and as such I would like to go to HSBC on the 13th saying that I want a chargeback on the purchase as this would have been 30 calendar days from the original purchase date. Have I done enough to satisfy and hopefully win the chargeback against HMV should the need arise?

jambosans

Have you returned the game to HMV?

Surely you're not expecting a chargeback of £37.99 to be successful for non-receipt of a promotional offer?

Plxply

The item that I did not receive wasn't actually promotional I paid around £10 extra to receive it with the order, I was planning on just getting back £10 although if I have to take it all back I would be happy to send the game back to HMV if they were to pay postage.

jambosans

HMV are retailing Halo: Reach at £37.99, so I can't see how you've paid "around £10 extra"?* If the promotion was advertised as "800 free X-Box Live Points" you cannot invoke a chargeback for part non-receipt of goods or services. You were paying for Halo: Reach, which you have received, if you want a refund you have to return the game.

*Even if the game retailed at pre-order cheaper elsewhere you can't cite this as a calculation for paying £10 extra for the promotion.

Plxply

I see the angle you're coming from however I wasn't thinking of claiming under not receiving the item but the item being not as described. As according to the invoice email from HMV it was "Halo: Reach (Free 800 Xbox Live Points Card)" although it is free with the item when I purchased it the only reason I bought from them was due to the item which they were supposed to supply with the original order.

jambosans

It's like I've said previous, if you want a refund you will have to return the game. I understand that the points were part of the deal, and ultimately the reason you chose to buy through HMV, but ultimately the points were advertised as free. If HMV do not supply the goods advertised as free, then you are at no loss. This is not the type of situation where you can do a chargeback. Well you could, but it's likely to be declined - HMV's argument would be you have the goods you paid for.

Due to the time elapsed HMV may not accept return of the game, so you may have to make a formal complaint. I would outline the situation, ask to be either supplied the points or given a partial refund as a gesture of goodwill (due to poor service). Contact address below:-
Online Customer Service
hmv uk
2nd Floor, Princess House
50-60 Eastcastle Street
London
W1W 8EA

Website T&C's available below:-
http://hmv.com/hmvweb/navigate.do?ctx=3348;-1;-1;-1;-1&pPageID=3349

Plxply

Thanks for your help jambosans,

I find it rather funny that I've ordered off ebay and other "suspicious" sellers for the last few years and the first people I actually have problems with are HMV.

System

You could classify its as significantly not as described or as not received. A chargeback would likely be successful for either of those reasons.

HMV agreed for X pounds to provide you with A + B + C then that is what they need to provide - It's called a contract.

The 800 points and pre-order code were conditional on your purchase, they were not "free"- if they were "free" then I could have called up and got them without purchasing the game.

Therefore, I have to disagree, this isn't a call up and ask for 'goodwill' type of thing.

jambosans

Heng_Leng wrote: »

HMV agreed for X pounds to provide you with A + B + C then that is what they need to provide - It's called a contract.

Surely HMV advertising the points as free removes liability? I'm not disputing they may have to accept return of the game and provide a full refund. I am disputing the validity of chargeback when they OP still has the goods they technically paid for.

Plxply

How long do chargebacks typically take and would I "lose" anything for attempting one? Although at this point I'm not too sure if I'll be successful I'm just wondering if all it would be is a phone call and a letter to my bank and a answer within a week. If so I would try it, although if it took multiple months or a large amount of paper work I would go through the complains route.

jambosans

Plxply wrote: »

How long do chargebacks typically take and would I "lose" anything for attempting one?

It depends on the bank. From my own experience (Halifax, not HSBC), if a chargeback is accepted by the merchant the bank provides a temporary refund while the merchant investigates. The merchant has up to three months to complete their investigation.

You wouldn't "lose" anything.