Advice needed please

corncob82

Hi, I bought a lense from www.sale-point.com on the 30/12/11 after two failed checkout attempts as the payment had to go through a site called www.paysbuy.com and the screen had timed out. I made the payment using a credit card and was sent an email to say that the order had been received for the lense I had paid for and the two lenses that I had not completed the checkout procedure for. I received a number of emails updating me with the progress of the order, then received an email last week to confirm that the 'paid for' lense would be delivered around about the 27/01/11. I then received emails to say that delivery was blocked for the other two as they had not received payment....of course not as I was unable to complete the checkout. However, I am still waiting for the lense I paid for and have today received emails to say that they will be charging me a cancellation fee for all three orders (25 euros each!!!) and have cancelled the order that I have paid for due to none payment? I have sent them an email querying this and have requested that they either deliver the lense asap or provide me with a full refund. Any advice on what I can try if they refuse a refund and continue to request a cancellation fee (which they have requested to be paid withing 7 days or they will contact debt collection agencies to recoup this). I don't think I would be covered by my credit card due to the money going through the third party site 'Paysbuy' . Hope someone can help, thanks in advance

wealdroam

Oh dear. Where are sale-point based?

They appear to be in Germany, but the only address and phone number I could find on their website is in Thailand.
See this page.

Paysbuy are also in Thailand. See this page.

You will have difficulties.
Have you any experience of enforcing Thai law?

I would be talking to my card provider. Maybe they can help.

corncob82

No, none at all :-S

wealdroam

Another option might be to ignore their threats of debt collectors.

That action obviously partly depends on how much money you have already spent and whether you are prepared to lose that.

But I think the only way you might get any money back is through your card issuer.
Have a read of MSE's Chargeback article.
Or if a credit card and the amount is over £100 then the Section 75 Refunds article may help. Although, as you say, with Paysbuy being in the chain that may not work.

corncob82

I checked that link, unfortunately chargeback is only valid for purchases under £100

somethingcorporate

Talk to your bank anyway, no harm in it.

They will still likely have a procedure for disputing payments.

wealdroam

corncob82 wrote: »

I checked that link, unfortunately chargeback is only valid for purchases under £100

It doesn't say that does it?

The only reference to something like that appears to be...

A law made in the seventies means your credit card company must take responsibility if things go wrong in a purchase — eg, goods are faulty, or the retailer goes bust. However it only covers purchases of over £100 made on a credit card.

Thats talking about a law made in the seventies. I.e. the Consumer Credit Act 1974... where Section 75 comes from.

Chargeback is entirely different and has a very low minimum and no maximum.
See further down... in a table headed Key differences between chargeback and Section 75:

How much can be claimed? No limit (min £10 for Mastercard)

corncob82

I might give it a try then, near the top of the page under 'what is visa / mastercard chargeback' it states credit cards - under £100 only. It's a little bit conflicting I think

unholyangel

corncob82 wrote: »

I might give it a try then, near the top of the page under 'what is visa / mastercard chargeback' it states credit cards - under £100 only. It's a little bit conflicting I think

Section 75 of CCA requires that the goods be valued at over £100 - individually I believe (ie cant be total of the order). If it is over £100, its always best paying on credit card as the card issuer are jointly liable by law.

For chargebacks, mastercard have a lower limit of £10 and no upper limit, Visa has neither a lower or upper limit (if i remember correctly). Although chargeback is not something afforded to you by law, it is part of Visa/Mastercards own policy.

wealdroam

corncob82 wrote: »

I checked that link, unfortunately chargeback is only valid for purchases under £100

corncob82 wrote: »

I might give it a try then, near the top of the page under 'what is visa / mastercard chargeback' it states credit cards - under £100 only. It's a little bit conflicting I think

Further to my earlier reply, and having looked again, I thing the point they are trying to make is that when a credit card has been used for purchases over £100 one should generally use Section 75, and for purchases under £100 by credit card one should use chargeback.

In cases when it is not possible to use Section 75, e.g. where there is an intermediary, like Paypal, involved, then chargeback should be used whatever the value of the transaction, even if a credit card was used.

I agree, that particular part of the chargeback article does appear a bit ambiguous.

squeaky

Might be worth raising that point with MSE Martin