Bank refuses to charge back and investigate fraud on my Visa card

Not_happening

How can I make my bank to properly investigate card fraud and refund the amount charged fraudulently?

The retailer abused the payment authorisation putting it on hold and telling me that they cancelled the transaction because the holiday I paid for was not available. Then, 3 days later they debited my card and issued a contract for another product which was £300 more expensive which I did not want. I obviously did not pay additional £300, but they took my £500 and did not supply any apartment at all. Their terms do not include freedom to replace one accommodation by the other and make me pay for this -it is not in the terms which I agreed online. I never authorised or agreed for the substitution, which the retailer did not supply anyway.


When I booked the first apartment, I did not receive any contract or acknowledgement, but instead a day later received a message that the apartment was not available and an invitation to consider the catalogue again. I asked what about the money and on the phone they said they did not charge my card. I asked to cancel the transaction. They replied "there is nothing to cancel as their is no contract"; they said they need to keep files for Visa, but there is no problem. I considered a few options and decided not to book. They emailed me saying "I can see you still have not booked, please do so ASAP". I did not book.

I complained to my bank's fraud department. They say they can help "if the retailer is unable or unwilling to provide the goods and services that have been paid for" (which is clearly the case here), but that my case is that I “changed my mind”. This is total rubbish just to make me go away, but this is not funny.

How can I pin my bank - what consumer protection legislation requires them to help me?

What are the rules for Visa cards online transactions? It's a debit card, but when they replaced my Switch with Visa they wrote that now "you have more protection from Visa". I actually assumed it had more security and fraud protection with it. Where is Visa now? I did authorise the payment for the first apartment, but did not receive the goods. I asked them to cancel and they said there is no contract so there is nothing to cancel. Without my knowledge and agreement the retailer debited the card for something else. How come this is not fraud and why Visa can do this to me. I never agreed that retailers can just sit on my card details and debit my card as they please against my will.

Sorry its long - any help?

Tixy

This link provides information on the VISA chargeback rules applicable on debit cards including template letters etc. Its not legislation though - its internal VISA rules

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

That said have you written to the travel retailer to say that as they have not been able to supply what you wanted you did not authorise payment from your card, and that you do not wish to book a holiday and to ask them to refund the money taken from you?
It sounds more like an administration error than fraud to me.

alanq

http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/chargeback-on-credit-and-debit-cards/

Not_happening

It is fraud because they act and communicate in bad faith. I exchanged a few letters with the retailer and they declare that they would not refund because I did not pay £300 and the £500 they debited is like a penalty - they keep the deposit as I did not pay in full...

Not_happening

Alanq, thanks for the link.

It states "The main requirement for compensation is evidence that there has been a breach of contract."

So is my bank saying that there is no evidence of contract?
But then it is surely a clear fraud as I did not book the other thing for £800.
There is contract for the first apartment in my view as they debited my card - by accepting money you enter into contract, no? Any contract experts?

Not_happening

Tixi, thanks for the link.
I already put the complaint in writing to the bank and they replied somewhat bceside the point that I changed my mind, while clearly the retailer did not supply the service paid for or changed the service to more expensive one without my agreement and did not supply it after all.
It is also the case of clever use by the retailer of the loophole in card fraud protection and security rules. The bank simply does not want to deal with it as it is complex and expensive. They tell me to go to court.

Surely when they write to me that "Visa offers more protection", and the online booking was checked vie bank's secure online website when you need to enter extra password, then surely they are responsible to protect against fraud. They can't have it both ways - that it is neither fraud and nor failure to supply the service. They should chargeback based on one of the two reasons.
What should I do?

YorkshireBoy

Not_happening wrote: »

I already put the complaint in writing to the bank

They tell me to go to court.

If they're unable to offer a resolution to your complaint they invite you to take the unresolved complaint to the FOS...not a Court of Law. Have you done that?

What should I do?

See above.

meer53

Your card issuer won't treat the transaction as fraud as you gave your card details originally for a purchase.

Your post is quite confusing. Did you pay a £300 deposit for the original apartment ? Then you were called the next day to say that this wasn't available ? Then you decided not to go ahead with ANY booking at all ?

What does the retailers terms and conditions say about deposits and bookings ? Which retailer was it ? How much have you paid in total ? First you say £300 then another £300 then £800 ?

I would assume that you would have a case for a dispute for non receipt of services for the full amount but if your card issuer has already said that they can't help you then there must be something you haven't mentioned ?

Not_happening

What is FOS?

It is confusing because the retailer is acting in bad faith.
I paid in full £500 for a holiday apartment which the retailer confirmed on the phone as being available. They told me to go on their website and book online. So I did.

Then no reply for 36 hours and finally an email that "the apartment you are trying to book is unavailable. We are very sorry..."

I asked - what about the money? They answered - the card was not charged. I ask to cancel the transaction - they say there is nothing to cancel as their is no "rental agreement".

Then they propose alternative things which after considering I declined, decided not to book. At this point without my knowledge and consent they debited my card for £500 and ask to pay additional 300 for something I did not want and never agreed to.

When I ask to refund my £500 they said I should consider this as a lost deposit because I didn't pay the additional 300. They are having a laugh.

If it was your money you would not consider this being a legitimate transaction.

meer53

FOS - Financial Ombudsman Service

If they're saying the £500 was a deposit, are they holding it for any future bookings ? What are the t & c's ? Who is the retailer ?

It's not fraud, you need to forget about that route. Your next step should be a written letter of complaint to your card issuer. Then if it's not resolved that way you can go to FOS.

callum9999

Not_happening wrote: »

Tixi, thanks for the link.
I already put the complaint in writing to the bank and they replied somewhat bceside the point that I changed my mind, while clearly the retailer did not supply the service paid for or changed the service to more expensive one without my agreement and did not supply it after all.
It is also the case of clever use by the retailer of the loophole in card fraud protection and security rules. The bank simply does not want to deal with it as it is complex and expensive. They tell me to go to court.

Surely when they write to me that "Visa offers more protection", and the online booking was checked vie bank's secure online website when you need to enter extra password, then surely they are responsible to protect against fraud. They can't have it both ways - that it is neither fraud and nor failure to supply the service. They should chargeback based on one of the two reasons.
What should I do?

It may be clear to you, but have you made it clear to the bank?

I.e. provided any evidence at all that the £500 was taken for a different property to the one you paid for? Along with the terms and conditions of the website which mentions nothing about their right to offer you alternative accommodation at a different price.

I'm not saying this applies to you, but lot's of people try and get out of contracts claiming fraud etc., so I'm not surprised the bank turned you down without that evidence.