We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Visa Debit Chargeback
Comments
-
I'm sorry - but this is rubbish bar the problem returning the game.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=3349This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
No matter what it is described as.
It been advertised as part of the package at the point of payment. Thus its inclusion is part of the 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.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
I'm sorry - but this is rubbish bar the problem returning the game.
Care to expand? You don't need to apologise, just a little more informed response.Anything I post is my opinion, so from time to time I may be wrong. I try to provide answers based in fact, however I don't know everything, so (like all posters on MSE), take what I say with a pinch of salt.0 -
No matter what it is described as.
It been advertised as part of the package at the point of payment. Thus its inclusion is part of the contract.
And as such, that entitles the OP to a full refund whilst retaining the goods they technically paid of?Anything I post is my opinion, so from time to time I may be wrong. I try to provide answers based in fact, however I don't know everything, so (like all posters on MSE), take what I say with a pinch of salt.0 -
Yes, as to comply with the Visa scheme rules they have to supply everything that they agreed to when they debited his money.
Therefore as regards the chargeback, it's all or nothing.And as such, that entitles the OP to a full refund whilst retaining the goods they technically paid of?This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Therefore as regards the chargeback, it's all or nothing.
Care to source this? You are correct, if you take my post out of context, but I specifically stated "if you want a refund you will have to return the game."
Perhaps I'm quoting the wrong PDF:-Visa_International wrote:Overview - Reason Code 53
Time Limit: 120 calendar days
The Cardholder received damaged or defective merchandise, or the merchandise or service did not match what was described on the Transaction Receipt or other documentation presented at the time of purchase.
[...]
Chargeback Conditions - Reason Code 53
One of the following:
1. Cardholder returned merchandise or cancelled services that did not match what was described on the Transaction Receipt or other documentation presented at the time of purchase.
Taken from the below PDF (Pg. 803):-
http://corporate.visa.com/_media/visa-international-operating-regulations.pdfAnything I post is my opinion, so from time to time I may be wrong. I try to provide answers based in fact, however I don't know everything, so (like all posters on MSE), take what I say with a pinch of salt.0 -
Perhaps I'm quoting the wrong PDF:
The main problem I've found is that Visa International is actually different to Visa Europe and as such may have different rules on chargebacks I've been trying to find information on the Visa Europe site although it is severely lacking to say the least.
As an alternative I've tried looking into merchant bank guides for my own bank HSBC however it does not cover whether the goods must be returned on not.
Of course I am unable to find any source of the rules set out by Visa Europe.We will always advise you by letter of the chargeback prior to the debit or credit being applied to your account. Whether we can defend the chargeback depends on whether the transaction has complied fully with the rules set by Visa and Mastercard
( I can't post links as I'm a new user but you will be able to find it by searching HSBC Merchant Guide it's just a normal PDF file)
I would happily return the goods but I want it to be at HMV's expense and so far I've had a fairly awful experience with them as a company. However I obviously don't want to start a chargeback and then have it denied because I haven't sent the goods back. Therefore I want to know if I should send them back before, or if I can start the chargeback and either HSBC or HMV will contact me regarding the return.0 -
The main problem I've found is that Visa International is actually different to Visa Europe and as such may have different rules on chargebacks I've been trying to find information on the Visa Europe site although it is severely lacking to say the least.
You're absolutely right, the PDF I've quoted states:-Visa_International wrote:Note: Visa Europe is not part of this Operating Regulations consolidation effort. As a separate company, Visa Europe independently manages the publication of the Visa Europe Operating Regulations. Common regulations that are necessary to ensure the continued interoperability and consistency of the Visa brand, global payment transactions and system interoperability are found in both the Visa International Operating Regulations and the Visa Europe Operating Regulations.
Although the latter half of this note suggests some regulations are similar.I would happily return the goods but I want it to be at HMV's expense and so far I've had a fairly awful experience with them as a company.
I doubt the chargeback scheme will cover additional expense, this is something you will have to address directly to HMV in a complaint.However I obviously don't want to start a chargeback and then have it denied because I haven't sent the goods back. Therefore I want to know if I should send them back before, or if I can start the chargeback and either HSBC or HMV will contact me regarding the return.
Despite what Heng Leng suggests, I'm inclined to go with the old adage, "there's no such thing as a free lunch". Regardless of being part of the contract/ deal/ offer/ etc. the monetary value of the points was still described as free, and as such you cannot expect to retain the game and receive a full refund (or even a partial refund, because no monetary value can be applied to something described as "free").Anything I post is my opinion, so from time to time I may be wrong. I try to provide answers based in fact, however I don't know everything, so (like all posters on MSE), take what I say with a pinch of salt.0 -
The fact the extras were free is irrelevant, they still formed part of the sales contract and they are legally obliged to make good on it, if he wishes to initiate a chargeback on the basis of goods/services not received, he is well entitled to do so. How the merchant wishes to go about resolving the chargeback is frankly their problem not his; they can either give him his points or request the game back.0
-
:A
OP- Good Luck with your chargeback.The fact the extras were free is irrelevant, they still formed part of the sales contract and they are legally obliged to make good on it, if he wishes to initiate a chargeback on the basis of goods/services not received, he is well entitled to do so. How the merchant wishes to go about resolving the chargeback is frankly their problem not his; they can either give him his points or request the game back.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 351.8K Banking & Borrowing
- 253.4K Reduce Debt & Boost Income
- 454K Spending & Discounts
- 244.7K Work, Benefits & Business
- 600.2K Mortgages, Homes & Bills
- 177.3K Life & Family
- 258.4K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.2K Discuss & Feedback
- 37.6K Read-Only Boards