VISA Chargeback - send item back to China at whose cost?

Crabman

hermum wrote: »

Is there a UK address on their ME page, I'm expecting it to be, 231, Portsmouth PO14325.

The address on the listing page is a chinese address. I've looked at their profile, but can't find other details.

Is there a specific "Me" page? I looked at the item description which confirms "Item location: United Kingdom" but apart from that I'm not seeing further information.

*LolaB*

Your card company are asking you to return the goods to the merchant because it is a condition of the Visa chargeback claim for not as described/defective goods. Visa view it as you cannot have both the goods and a refund, regardless of the item condition. Once returned there will also be a minimum timeframe before the chargeback can be done as Visa state the merchant has a grace period in which to refund after the goods are returned.

Hope this makes sense.

Crabman

*LolaB* wrote: »

Your card company are asking you to return the goods to the merchant because it is a condition of the Visa chargeback claim for not as described/defective goods. Visa view it as you cannot have both the goods and a refund, regardless of the item condition. Once returned there will also be a minimum timeframe before the chargeback can be done as Visa state the merchant has a grace period in which to refund after the goods are returned.

Hope this makes sense.

What doesn't make sense is why an innocent buyer should pay for it to be shipped (in this case, to the other side of the world) and why I can't claim this back from the seller with the chargeback claim?

The seller committed a breach of contract and as such they are liable for the damages, i.e. costs arising as a result of the breach.

meer53

The chargeback will be for the full amount which shows on your CC statement. If the chargeback is successful then you will only end up paying one amount for postage, the return amount. It's only if it isn't successful that you will lose out. There isn't a chargeback right for "quality" issues, what was wrong with the goods ?

*LolaB*

Crabman wrote: »

What doesn't make sense is why an innocent buyer should pay for it to be shipped (in this case, to the other side of the world) and why I can't claim this back from the seller with the chargeback claim?

The seller committed a breach of contract and as such they are liable for the damages, i.e. costs arising as a result of the breach.

I agree with you, it was just an explanation of the chargeback requirements. The reason you can't include the return postage in the actual claim is because Visa do not allow claims for refunds of a higher value than originally debited. Thats not to say that your card company couldn't refund you as a gesture of goodwill (a credit separate to the claim) but that really depends on your issuer.

Breach of contract doesn't really come into a chargeback claim (there are around 29 different types of claims, all with individual requirements & are fairly black & white), thats more relevant to Section75, if your purchase was over £100 you could always ask your card company to review your claim as this instead of a chargeback.

Obviously_the_best

Once you find the address if you put the parcel weight and dimensions and destination onhere at least someone might be able to find the cheapest way to send it back for you, minimising the losses

Crabman

Thanks for the replies, the item is on the chargeback as 'not as described'. It is an in-car camera but it is simply cheap rubbish. I feel like a complete idiot for falling for the lies of the Chinese seller.

At the moment the issue is that I have their Chinese address as listed on their eBay listing, but there is no mention of their UK warehouse. I remember that the package was sent from "One World Logistics" and this website appears to fit the description. I would be willing to send the item back to this location, given that this was its dispatch point.

The card company advised obtaining proof of postage when sending the item back so they can submit the chargeback claim.

Also, eBay say I didn't contact them within 45 days, but I did. I went to their help section and tried to open a dispute, where I was advised to contact the seller directly. So that's exactly what I did. eBay did not make any reference to a 45 day limit. Why would they? They are making lots of money out of crooks like this so of course they would condone unlawful activity. eBay say on their homepage that it is safe to buy through them but as I have found out, it is anything but safe. :mad:

financial_ombudsman_representative

Hello Crabman.
I work for the Financial Ombudsman Service - the free service set up by law with the power to resolve problems between consumers and financial businesses. While we would not be able to look at a complaint about the seller of the items - we are able to consider complaints about the handling of chargeback requests. If you are unable to resolve the issue with your card company directly, the ombudsman may be able to help on 0300 123 9 123 or at financial-ombudsman.org.uk.

Thanks

Crabman

I decided to see whether the seller is intentionally not responding to my emails, so I sent a message from a newly created email account with an enquiry about the possibility of a bulk purchase.

As I expected, the crook responded to it almost immediately :rotfl:

Any ideas for what I could do with this? I'm minded to report him to the Chinese authorities.

Unfortunately, eBay continue to take seller fees from this crook and therefore condone his unlawful behaviour.

meer53

I wouldn't bother trying to report the seller, let your card issuer raise the chargeback, send the goods back the cheapest way you can. But beware, if it's just the quality of the goods you're disputing, they probably won't take it on, quality of goods is not covered by any chargeback right. Not as described might not work either, if you ordered an in car camera and thats what you received, there is no dispute.
It's a risk you take ordering stuff like that from Ebay. How much was it ? If the actual camera was less than £100 you won't be able to make a Section 75 claim.