Claiming Visa charge back

sophie90

Hi,

I'm sorry if this is the wrong forum but I couldn't find anything on visa charge back.......... I know its not technically reclaiming bank charges but can anyone help me? (or point me in the right direction?)

Basically I want to start visa charge back proceedings with natwest but I want to know if I have a leg to stand on first.

I ordered an item from an online store without noticing the delivery address was 4 years out of date. Immediately upon seeing the confirmation of the order screen, I realised I had put the wrong address. The website informed me I could not change the delivery details so I called them immediately.

I was then told they could not cancel my order (despite this being a requirement of the Distance Selling Regulations) and that the parcel would be delivered to that address - and it would be my responsiblity to retrieve it.

To cut a long story short after numerous phone calls, emails and even attempting to get hold of the courier the parcel was delivered through the letterbox to my old address. I no longer live there, I do not know who does, I no longer live anywhere near the area nor do I know anyone in the area to go round. I have sent them a letter but relying on the goodness of their hearts seems a little too optimistic.

They refuse to give me a refund on the basis that I ordered it to that address. I say, they failed to comply with Distance Selling Regulations that would allow me to cancel, they went against all common sense by delivering a parcel to an address that they have acknowledged that they know I do not live at, and they owe me a refund regardless of the location of the item, because I have not received it and I wanted to cancel the order.

Yes I made a mistake ordering to that address, but I am human and I didn't expect my address to be pre filled out from 4 years ago.

Do you think visa charge back will fight this for me? Or am I entering into a war I will never possibly win?

roonaldo

You cant really claim a charge back.

1. The seller has fulfilled their obligation, they have sent the parcel to address requested. They are not at fault. If you want to quote them the distance selling regs you need to return the parcel.
2. Whoever took collection of the parcel at your old address did this wrongfully. 84.b of the Postal Services Act 2000 states
A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

Have you notified the police? it sounds extreme but they have committed an offence.

meer53

roonaldo wrote: »

You cant really claim a charge back.

1. The seller has fulfilled their obligation, they have sent the parcel to address requested. They are not at fault. If you want to quote them the distance selling regs you need to return the parcel.
2. Whoever took collection of the parcel at your old address did this wrongfully. 84.b of the Postal Services Act 2000 states
A person commits an offence if, intending to act to a person’s detriment and without reasonable excuse, he opens a postal packet which he knows or reasonably suspects has been incorrectly delivered to him.

Have you notified the police? it sounds extreme but they have committed an offence.

How do you know the package has been opened though ? They might just have put it to one side. Why have they committed an offence ? The package was posted through the letterbox.

If they don't reply to the OP's letter then i dont think there's anything more they can do.

If i was the OP i would go to collect it, depending on how much it was as it might cost more to get there than the item cost.

roonaldo

meer53 wrote: »

How do you know the package has been opened though ?

i dont, its just they havent returned it to sender by the sounds of it. the op said they have written to the person at the address and has had no response, which in the real world sounds like the receiver has opened it and thought thankyou very much!