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Japautoparts wont give refund part never arrived!

little_miss_spender
little_miss_spender Posts: 84 Forumite
edited 23 August 2011 at 3:17AM in Consumer rights
Hi
I wonder if anyone can help me with this awful company. I dont have a credit card so I asked a friend if he would pay for it using his credit card.But instead of using his credit card like i asked because (I know there is protection with credit cards if your goods dont arrive etc) like a numpty he decided to pay with his debit card. I was desperate for the part for my car so i could do my job. The part was a gear selector cable and it cost £72 i waited and waited for it to arrive i ordered it on the 7th of July and on the 14th I contacted them and they gave me a royal mail tracking number which when i looked on the royal mail site said it was being processed. so i waited till the 21st rang jap autos said it was on its way. on the 28th i rang and a woman said it had never been sent so she didnt know how i had a tracking number and I said in that case i want a refund because i had to buy another part from another firm which once ordered online only took two days to arrive.
She said i could have a refund but it would take 3-5 days to get to my account. a week later no refund so i called them again they said another 3 days so i waited no refund. so i called again and they said they had done it. They just keep fobbing me off and after the 6th phone call I am now stumped and dont know what to do!!! My friend keeps checking his account but to date still no refund. It is now the 23rd of August, so it is 54 days since I place the order with these cowboys.Has anyone any ideas what i can do? or a template letter that i can send to demand a refund quoting my customer rights and the law. any help would be greatly appreciated thank you little miss spender:(
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Comments

  • please help anybody !!!! LMS xx:(
  • Was the debit card a Visa card? As Visa apply a similar chargeback abiltiy to their debit cards as they do to their credit crads.
  • It doesn't matter whether it was a Visa debit card or not.

    A lot of people get confused with chargebacks and think that it is only credit card or Visa backed debit cards that these apply to.
    This is not the case, and a chargeback can be requested when you have paid with any debit card, however, it is up to the card issuer if they will pursue the matter as chargebacks are not something that is enshrined in law like a S75 claim.
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    edited 23 August 2011 at 10:26AM
    You would not be able to use S75 to make claim in this instance anyway as the intial purchase was less than £100.

    Have a read of the MSE article on Chargeback as it also includes a template letter (But you will need to add your own section to cover Item Not Delivered)

    Also note that there is a time limit for claims...
    Complain to your bank not more than 120 days (180 for international purchases through Visa only) after realising there's a problem...
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • PZH
    PZH Posts: 1,599 Forumite
    Part of the Furniture Combo Breaker
    It doesn't matter whether it was a Visa debit card or not.

    A lot of people get confused with chargebacks and think that it is only credit card or Visa backed debit cards that these apply to.
    This is not the case, and a chargeback can be requested when you have paid with any debit card, however, it is up to the card issuer if they will pursue the matter as chargebacks are not something that is enshrined in law like a S75 claim.

    Then maybe the MSE article needs updating as it states...
    Known as Chargeback, this is part of Visa and Mastercard's internal rules and not a legal requirement. Mastercard only covers amounts over £10 and there is no upper limit, and there's no limit at all for Visa.
    “That old law about 'an eye for an eye' leaves everybody blind. The time is always right to do the right thing.”
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    It doesn't matter whether it was a Visa debit card or not.

    A lot of people get confused with chargebacks and think that it is only credit card or Visa backed debit cards that these apply to.
    This is not the case, and a chargeback can be requested when you have paid with any debit card, however, it is up to the card issuer if they will pursue the matter as chargebacks are not something that is enshrined in law like a S75 claim.

    But, as long as the cardholder has satisfied the issuer's terms and condition, it is a contractual obligation.

    Chargeback can still be utilised on a credit card for purchases of ten pounds and above.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Hi Everyone
    thankyou for your replies and sorry I have taken so long to get back on the site but I have had a few problems with talk talk but thats another story.
    Anyway just to update you i paid for the part with a visa electron card and read the thing about chargeback and thought great I am covered so went to my branch of halifax who issued the card and they said NO! COMPUTER SAYS NO! AND THAT IS FINAL!
    I said that they were wrong and they stilll said COMPUTER SAYS NO!
    In the end I got nowhere even tried other staff in there and the manager and even he said NO!
    their reasons being that it was not a debit or a credit card???????????????? It was an electron card????????? I said excuse me for being thick but I am aware it is not a credit card, but surely it is classed as a debit card because it uses funds that are in my easycash account. Hence my account is being debited for a sum of money to be used to purchase something to pay a shop.
    They said NO!
    I said what is it them? They said err err err um anyway you just cant claim a refund and that is it and nearly threw me out of the bank!!
    But I was not convinced so i am writing to Halifax and visa to try and get some confirmation this way. I will post up as soon as i have any word back. Thankyou again for all your replies LMS
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    MSE's Section 75 Refunds article has a section at the bottom about debit card chargeback.
    There is even a picture of a Visa Electron card shown as a sample of a debit card.

    Of course that doesn't help if your bank deny it.

    Looks like you are not the only Halifax customer to be denied.
    This Observer article, although from 2008, shows that Halifax have been having trouble understanding chargebacks for some years.
  • Hi everyone
    just a quick update still no joy from the halifax head office or Visa as yet still waiting reply sent letter recorded delivery so i know they got them!!
    Emailed trading standards in Birminghamto ask them to help get my money back they said that they have had loads of complaints about this company and they are investigatingthem at present. but they cant help with a refund. told me to contact my local trading standards and they said they cant help getting me a refund either? What are they there for then??? Not in the slightest bit helpful.
    I am going to ring visa and halifax tomorrow if no letter back.
    Thank you everyone will let you know how i go on.
    LMS x
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Send the company a 'Letter Before Action' stating you haven't received goods and are requesting a refund within 14 days.

    Then the small claims court might be the only way
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