Unauthorised transaction dispute

newbutold

stclair wrote: »

That's fine however from what I read they made a purchase the retailer processed the transaction then they made the decision to cancel. A dispute has been raised the customers account was refunded then the retailer has come back to the bank and said xyz so they have reversed the transaction seems pretty standard.

However not sure how the op has disputed the transaction have they gone down the chargeback route or have they just said I don't know this transaction it's fraud maybe the the op could clarify.

Whereas I read it as;


OP placed an order
OP cancelled order (before any payment was taken)
A week after cancelling Ann Summers took the payment.
OP disputed transaction with their bank
Bank refunded transaction to OP's account
Bank have re-debited OP's account in favour of Ann Summers
To date the OP has not received the goods.

So it appears the OP is down £25 but has no goods to show for it.

jalexa

Katie1980 wrote: »

Stclair Ann Summers do not wish to speak to me and will not discuss the matter with me saying it is a case for the rep. All well and good when she has given up and changed her phone number.
Am at a loss I think I will carry on my twitter campaign today

I suggest you don't do that but dispute the Natwest "retraction" via the Complaints process citing any (apparent) factual inaccuracies in the AS submisson to Natwest.

stclair

jalexa wrote: »

I suggest you don't do that but dispute the Natwest "retraction" via the Complaints process citing any (apparent) factual inaccuracies in the AS submisson to Natwest.

The OP still hasnt clarifed how they have disputed the transaction yet? do you have any ideas.

They should have gone down the chargeback route rather than I do not recognise this transaction.

As alarm bells might start ring when they raise there concern and start mentioning missing items etc

stclair

jalexa wrote: »

I suggest you don't do that but dispute the Natwest "retraction" via the Complaints process citing any (apparent) factual inaccuracies in the AS submisson to Natwest.

Complaints process:

http://www.natwest.com/Downloads/global_options/complaints_leaflet.pdf

http://www.annsummers.com/page/ContactUs

Chargeback team can be contacted on 0845 366 0452.

jalexa

stclair wrote: »

The OP still hasnt clarifed how they have disputed the transaction yet? do you have any ideas.

They should have gone down the chargeback route rather than I do not recognise this transaction.

Well I recognise you are more familar with the bank detail while I take a (more) consumer centric approach.

Tend to agree that (probably) chargeback is the mechanism, however the issue surely is that AS responded and Natwest re-debited. Given the timeframes and process advised to you by AS, they hardly seem to be in compliance with their own process and timeframe. The OP asserts the goods are not delivered (since October). *If* DSR applies then given the goods are not yet delivered its an open and shut case. I do hope AS didn't tell Natwest any porkies on that.

Regarding the "do not recognise" issue, I have an openish mind on that because I don't know how the discussion with Natwest developed. And I would still welcome infomed comment whether or not DSR applies. ISTM that the agent's transaction would be DSR. *If so* I'm struggling to see why the final customer shouldn't also benefit.

However in general I agree these issues need to be pursued strictly in accordance with all the terms and conditions.

In conclusion, given the passage of time from October, something strange is going on and I don't like "strange".

Katie1980_2

Well I have had an email from Ann Summers and it states as below
Good morning Katrina,



Thank you for your email.



Firstly i would like to apologise for the obvious upset this has caused.



Once an order has been placed at a party and you have given her the payment or agreed for the payment to be debited form the card this will be processed.

The order cannot be cancelled once placed as per the terms and conditions.



I am sorry to hear that you have been disappointed with the level of service provided by an Ann Summer's Party Organiser.



As our party representatives work on a self-employed basis, we do not hold any information of organisers personal party booking records and due to length of time that has elapsed since your party, unfortunately we are unable to investigate this further.



Any investigations that are carried out must be within 4 months from the party date.





If you have any further queries please do not hesitate to contact a member of our team.

Kind Regards,

Hayley
Customer Services

Newbutold has the gist of what has gone on in a nutshell, what I was not clear on is Natwest have had the information from myself regarding initial transaction since the 4th November when I returned the relavent forms back to them, however despite me sending them back recorded delivery the forms never reached them so new forms were sent and it carried on like this until I faxed through the replacement forms on the 4th Jan I then received a letter on the 17th Feb with all the details of the transaction that I was supposed to have made/authorised I returned correspondance back stating that I did not authorise the transaction and sent a copy of the email that I sent to the rep stating that I wished to cancel the transaction. This got to natwest but outside of the 10 day window due to me moving house and not really having enough time to do alot so they redebited my account this is the situation I am in now.
No goods and no money.

jalexa

Katie1980 wrote: »

The order cannot be cancelled once placed as per the terms and conditions.

Any investigations that are carried out must be within 4 months from the party date.

If you have any further queries please do not hesitate to contact a member of our team.

There are a number of obvious points. First of all do you have a copy of the terms and conditions referred to? It is difficult to contest the issue without them, particularly the cancellation comment. I cannot say whether the comment is right or wrong.

Next the author seems to be saying more than 4 months has elapsed, therefore they will not investigate further. Then invites "further queries"???

I suggest a further query asking where the goods are if you have not received them. *If* it is the case that genuinely the party terms and conditions unconditionally preclude cancellation then you should focus on getting the goods from AS, not cancelling.

Consider any reply but after a suitable interval you may then need to pin this on Natwest. They are in posession of a response from AS which may or may not be "truthful" but has been actioned as "truthful". Escalate the re-debit as a complaint on the grounds that you have not received the goods and AS will not investigate. Given that they have re-debited I am not sure whether that would be a "chargeback" or an ex-gratia payment. The AS response to Natwest is key. Focus focus focus on that.

Progress the complaint to "deadlock" and then be prepared to refer Natwest to the Financial Ombudsman Service. There is no cost to you but Natwest win or lose would incur a £500ish case fee. For £25.

stclair

I bet from Anne Summers reply when Natwest asked for the £25.00 quid back from Anne Summers they have told them to naff off hencing reversing the transaction.

Thank to OP for clarifying the matter happened 4 months ago :rotfl:

Make a compliant and see how you get on the bank may provide details of what Anne Summers have to say for themselves.

jalexa

stclair wrote: »

Thank to OP for clarifying the matter happened 4 months ago :rotfl:

There was never any doubt the order was placed in October but the posts also describe Natwest activity in Jan and Feb, not 4 months ago

stclair

jalexa wrote: »

There was never any doubt the order was placed in October but the posts also describe Natwest activity in Jan and Feb, not 4 months ago

Well from the beginging of this senario October til now is nearly 5 months give or take.

Never a dull moment on MSE is there jalexa

What do you do jobwise out of interest Jalexa? i think you would be good working for someone like the OFT, FOS or some sort of regulatory body.