Visa debit chargeback (Halifax)

pepsicles

Hi, hoping someone can help me?

Apologies in advance for the lengthy post!.......

I asked Halifax to intiate a Visa chargeback for some doors I bought that were not as described (all paperwork stated company registered with Certass & FENSA). I contacted both Certass & FENSA as I didn't receive a building regs certificate for the work and they have both confirmed in writing that the company is NOT registered with them. I therefore have no guarantee that the work complies with building regs.
Halifax stated (after much conflicting info on whether I could even try a chargeback) that I would need to return the doors before I could raise a chargeback.
I wrote to the company requesting they remove the doors (sent recorded delivery) as these are structural, spanning the whole width of the room, so can't remove them myself and return them. Despite numerous phone calls and this letter, no reponse from the company, but Halifax have said my case therefore doesn't qualify as I still have the doors!
My case is now with the Financial Ombudsman, but they have huge delays to allocate cases to an adjudicator at the moment.
Can anyone advise whether they think I have a case against Halifax for refusing to submit my chargeback to VISA?
Surely in circumstances like this when the company doesn't respond and removing the doors involves structural work (& damage), showing I have attempted to resolve my complaint with the supplier and attempted to return the doors should be sufficient?
Any help as to whether my case seems valid against Halifax very, very gratefully received!

dazza.mk

pepsicles wrote: »

Hi, hoping someone can help me?

Apologies in advance for the lengthy post!.......

I asked Halifax to intiate a Visa chargeback for some doors I bought that were not as described (all paperwork stated company registered with Certass & FENSA). I contacted both Certass & FENSA as I didn't receive a building regs certificate for the work and they have both confirmed in writing that the company is NOT registered with them. I therefore have no guarantee that the work complies with building regs.
Halifax stated (after much conflicting info on whether I could even try a chargeback) that I would need to return the doors before I could raise a chargeback.
I wrote to the company requesting they remove the doors (sent recorded delivery) as these are structural, spanning the whole width of the room, so can't remove them myself and return them. Despite numerous phone calls and this letter, no reponse from the company, but Halifax have said my case therefore doesn't qualify as I still have the doors!
My case is now with the Financial Ombudsman, but they have huge delays to allocate cases to an adjudicator at the moment.
Can anyone advise whether they think I have a case against Halifax for refusing to submit my chargeback to VISA?
Surely in circumstances like this when the company doesn't respond and removing the doors involves structural work (& damage), showing I have attempted to resolve my complaint with the supplier and attempted to return the doors should be sufficient?
Any help as to whether my case seems valid against Halifax very, very gratefully received!

If Halifax submitted the case to VISA the merchant would reject on the basis you still had the doors and you would lose.

ILW

The Visa debit chargeback is in effect voluntary at Visas discretion. Your argument is with the door supplier.

I think you can get independent Fensa approval.

dalesrider

pepsicles wrote: »

Hi, hoping someone can help me?
that I would need to return the doors before I could raise a chargeback.
I wrote to the company requesting they remove the doors (sent recorded delivery) as these are structural, spanning the whole width of the room, so can't remove them myself and return them. Despite numerous phone calls and this letter, no reponse from the company, but Halifax have said my case therefore doesn't qualify as I still have the doors!!

I'm not sure that the fact that the co are not registered is grounds for a dispute.
Have you had a building inspector to see if they meet the building regulations.

Are the doors faulty?

While in someways you do have to return the goods, or at least show that the retailer will not assist in doing this (think you have covered this).
You are still on very shaky ground with a dispute. I would fully expect this to be rejected. Either on the grounds of you still have the goods (this would be argued back with your letters as failure by company to act) or on the basis. That they are not faulty.

I think Halifax are in the right here, as all you are disputing is the company lieing about their links to Certass & FENSA. The fact you have not recieved a building cert. Both of which would fall under consumer regulations and not something that Visa would cover.

I think you need to seek proper legal advice on this matter.

jonesMUFCforever

Would it not have been prudent to check whether they were members of the trade body BEFORE letting in them through the door?
(Sorry about the pun).