Refund now re-charged?

YorkshireBoy

zippy1969 wrote: »

The credit card company actually sent out a letter saying that they had not been able to recoup the money.

Did the letter say why though? Have you seen it?

Because it seems that further information has come to light supporting the merchant's case, and your friend (for whatever reason) hasn't responded to and/or refuted the merchant's claim in time.

However, I suspect they'll have to go down the formal complaint route, followed by escalation to the FOS if necessary/possible, to get to the bottom of it.

dazza.mk

zippy1969 wrote: »

Thanks for this.

But if the warranty transfers to the manufacturer, and they do not uphold the terms of this warranty, that must mean that there is liability with the warranty supplier and thus jointly help with the credit card company?

The warranty supplier is the manufacturer who weren't party to the credit card transaction. You need to tie the retailer (legally) into the transaction for the credit card company to be liable/interested. This means finding a reason why (legally) the 28 days stated above breaches stautory rights.

You could still theoretically sue the manufacturer, you just can't do a Section 75/chargeback claim unless you can invalidate the retailer's 28 days liability.

zippy1969

YorkshireBoy wrote: »

Did the letter say why though? Have you seen it?

Because it seems that further information has come to light supporting the merchant's case, and your friend (for whatever reason) hasn't responded to and/or refuted the merchant's claim in time.

However, I suspect they'll have to go down the formal complaint route, followed by escalation to the FOS if necessary/possible, to get to the bottom of it.

Yes, the letter says "as we have not been able to recover this money ourselves from the merchant we will recharge your account". My friend has repeated time and time again (in six letters) that the complaint is not with the merchant as such, but the warranty supplier.

My friend has responded several times. Each time, the credit card company write back asking for something different. Also, the credit card company said they would only re-charge if replies were not received within ten days. Replies have always been sent within this timeframe. The last letter from the credit card company said "as we did not hear from you within the timescale given, we have re-charged the account." This is not true and my friend has tracking information and a signature/date showing the letter was received by the credit card company within the timescale given

I posted all of the above in my OP;)

YorkshireBoy

zippy1969 wrote: »

Yes, the letter says "as we have not been able to recover this money ourselves from the merchant we will recharge your account".

Read my question again...it asked WHY haven't they been able to recover the money?

I posted all of the above in my OP;)

I know...I read it...but there's still an omission, ie WHY?

meer53

If your friend can't prove breach of contract (and if there is a third party involved this may be difficult) then their Section 75 claim will fail. If they can prove this then they need to continue to deal with their CC issuer, i suggest they make sure they don't leave things to the last minute though as it seems they have previously.

zippy1969

meer53 wrote: »

If your friend can't prove breach of contract (and if there is a third party involved this may be difficult) then their Section 75 claim will fail. If they can prove this then they need to continue to deal with their CC issuer, i suggest they make sure they don't leave things to the last minute though as it seems they have previously.

She hasn't left things to the last minute. The problem is, the cc company write to her and the letters arrive five to six days after the date on the letter. They then give her ten days from that date to respond. The last letter arrived on 17th but was dated 11th...my friend posted the reply on the 18th and it arrived with the cc company on 21st (signed for).

In effect, she only gets one day to put a reply together. Then they respond saying she didn't reply in time, yet she has proof she did.

It seems like pretty poor admin by the cc company.

zippy1969

YorkshireBoy wrote: »

Read my question again...it asked WHY haven't they been able to recover the money?

No mention of why in their letter.

YorkshireBoy wrote: »

I know...I read it...but there's still an omission, ie WHY?

You said "and your friend (for whatever reason) hasn't responded to and/or refuted the merchant's claim in time." My OP clearly states that she has done this. So you probably didn't read it fully;)

YorkshireBoy

zippy1969 wrote: »

You said "and your friend (for whatever reason) hasn't responded to and/or refuted the merchant's claim in time." My OP clearly states that she has done this.

If I add "in the opinion of the credit card provider" is that OK?

So you probably didn't read it fully;)

Do you want to nit pick or try to find a way to achieve a resolution for your friend?

The fact remains that the reason why the refund was reversed is crucial to a favourable outcome.

Like I said earlier, your friend will have to make a formal complaint to get things moving here...because the card provider has already made their move. The next move is your friend's.

zippy1969

YorkshireBoy wrote: »

zippy1969 wrote: »

You said "and your friend (for whatever reason) hasn't responded to and/or refuted the merchant's claim in time." My OP clearly states that she has done this.

If I add "in the opinion of the credit card provider" is that OK?Do you want to nit pick or try to find a way to achieve a resolution for your friend?

The fact remains that the reason why the refund was reversed is crucial to a favourable outcome.

Like I said earlier, your friend will have to make a formal complaint to get things moving here...because the card provider has already made their move. The next move is your friend's.

I'm not nit-picking. I'm just pointing out that some of the questions you ask already have answers in my OP. I gave all of this information so as to best try and assist my friend.

You've said that the next move is my friends. Once again, in my OP I clearly state:

"The customer (my friend) has written again enclosing a printout of the signature and date."

I'm just pointing out that it is best to read the OP thoroughly in order to try and help the person asking for some advice, otherwise they have to explain things over and over again.

Please don't take this the wrong way...it's just an observation I've made regarding your replies...but I am grateful for your comments (as is my friend, she says "thank you").

bris

The CC company would not hold you friend to account because they can't get funds from the retailer, it will have something to do with the details of the claim.
Your friend needs to concentrate her case against the retailer, the manufacturer has no contract with your friend so using the manufacturer as an excuse will fail.
The retailer can't just move the problem to the manufacturer, this is against your statutory rights and they must deal with the problem.
By focusing the details to the retailer breaching your friends statutory rights and not the manufacturer, you might stand a better chance.