Visa Debit Chargeback

Plxply

Thanks for your help everyone,

I'll remember to come back here and post the results, that is if anyone would actually be interested :-)

AnonymousForObviousReason

jambosans wrote: »

Surely HMV advertising the points as free removes liability?

The points do count as part of the contract. The points were part of the whole offer. You may be getting a little mixed up with consideration, which is a requirement of something for something in a contract, this isn't applied to the individual components of a contract but as a whole.

So if you did an online shop and you purchased 2 pots of yoghurt in a "Buy one get one free" deal when it arrived you only got one pot and they said, oh the free part doesn't count, there would be nothing wrong with that?

Or if you purchased a book online and it said free deliver, then they turned up and charged you for delivery because it wasn't part of the contract as it was free.

jambosans

AnonymousForObviousReason wrote: »

So if you did an online shop and you purchased 2 pots of yoghurt in a "Buy one get one free" deal when it arrived you only got one pot and they said, oh the free part doesn't count, there would be nothing wrong with that?

This rhetorical question would be more effective if I actually said anything of the sort in my posts.

I understand what you're saying, and, with the greatest respect, if you actually read my other posts on this thread, you would realise this question is not the crux of my posts. In fact, the omitted part of the post you've quoted, explains:-

jambosans wrote:

I'm not disputing they [HMV] may have to accept return of the game and provide a full refund. I am disputing the validity of a chargeback when they OP still has the goods they technically paid for.

AnonymousForObviousReason

@jambosans Yes I did seem to miss or misread the rest of your post. Sorry about that.

missile

I believe there is a time limit and I would make a charge back NOW.

It's easy, I have made a few and what happened was:

1. I explain the problem over phone and fill in a form
2. Card Issued gives a refund whilst they await response from seller
3. If seller responds the case is decided by card company

It costs you a phone call and a stamp. The worst that could happen is credit card company reject your claim.

Mark_In_Hampshire

Olipro wrote: »

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.

Just to back up this quote: the "free" extras form part of the contract and are subject to the sale of goods act in precisely the same way that the main paid-for item is.

All items, free or not, have to be supplied, and as described, for the supplier to fulfil the contract.

Plxply

Thanks for your excellent help everyone, HMV have actually finally emailed me back saying that they've sent out another set of codes however this would have been the third time they have said this and I've never had the problem where two packages have failed to arrive therefore it makes me think they've failed to dispatch it all these times.

Should I wait until next Monday 18th for that supposedly dispatched item to arrive or shall I continue with the chargeback on Wednesday 13th? I would normally be happy to wait however once again this would of been the third time they have said that they have dispatched the item.

Plxply

I've decided that I will wait until Monday 18th as that would provide them with a week for the item to arrive, however if it still doesn't arrive I won't push the date up any further as they most likely didn't bother to send it again.

System

Again up to you, but the clock started ticking from the date the money was debited from your account. You have a limited window with chargebacks - in which you have to include letters being send to/from your bank before they even initiate the process. You may find yourself out of time...

Plxply wrote: »

I've decided that I will wait until Monday 18th as that would provide them with a week for the item to arrive, however if it still doesn't arrive I won't push the date up any further as they most likely didn't bother to send it again.

Plxply

Heng_Leng wrote: »

Again up to you, but the clock started ticking from the date the money was debited from your account. You have a limited window with chargebacks - in which you have to include letters being send to/from your bank before they even initiate the process. You may find yourself out of time...

I always thought that you had 120 days regarding chargebacks as of today (Wednesday 13th) it has been 30 days since the money was debited from my account. Obviously I won't let the chargeback delay any further than Monday, but obviously I also don't want to be wrong and the chargeback limit is actually 60 days or something. Can anyone confirm the exact amount of time which you have to initiate a chargeback?