Santander Credit Card Chargeback

PaulLuke

Morning All.

Just wondering if anyone has had experience of Santander Chargeback.

I recently purchased an item off Comet and on getting it home discovered that the item in the box was not correct.

The box and receipt are for for a satellite receiver but the box actually contained a freeview receiver, the accessories were for the satellite receiver (e.g. the wrong leads and remote control for the unit inside) and to top it all the unit doesn't work.

As Comet are in administration I approached Santander to complete a chargeback. However their response has been to say "we are unable to recover the amount via the chargeback process because we are unable to prove that the merchant is in breach of contract".

Aside from the obvious question of which part of selling a faulty item which doesn't match the contents of the box or the description of the item on the receipt isn't a breach of contract, has anyone had experience of persuading Santander that they are wrong. The whole situation is not helped by the fact that this particular dept is only open Mon to Fri 9:00 to 5:00, which funnily enough is pretty much when I'm at work, and has an 0871 no which I can't track an alternate no for via saynoto0870.com and would cost me 34p a minute to call as I'd have to use my mobile.

grumbler

Well, I believe you, but I agree with Santander that it's impossible to prove that the faulty freeveiw receiver was actually sold by Comet in the satellite receiver box.

Are Comet stores closed now?

PaulLuke

Hi Grumbler

Yup, all the stores are closed and the business in administration. Even though I discovered the issue the day before the final localish store closed, the stores had (I believe from conversations with the call centre and a store manager) been told that they could not issue refunds under any circumstances.

It's an interesting suggestion that one can't 100% 'prove' that the item in question was in the box. Ironically I'm convinced that a small claims action would be successful (bearing in mind such claims are based on balance of probability and I can produce witness evidence to my opening the box and finding the wrong contents inside) but all that would result in would be a judgement against Comet and leaving me as an unsecured creditor. However, that does leave open an interesting thought that a sucessful judgement would presumably result in Santander having to acknowledge evidence of breach of contract. - I may try and discuss that with them!

YorkshireBoy

What was the purchase price? If over £100 go for section 75.

Regardless of the purchase price, formalise your complaint, ride out the 8 week complaints process, and refer to the FOS.

Re your "witness", unless they're completely unknown to you (unlikely as you'll have opened the box in your home?) I wouldn't imagine a court would consider them 'independent'.

PaulLuke

Unfortunately, although the receipt is over £100 the item in question was 99.50 so under the S75 limit.

You're correct about the independence of the witnesses, although in a civil action it wouldn't be that unusual to have non independent witnesses, albeit the weight that would be afforded to their testimony would be adjusted accordingly.

I did think about the FOS route but does the chargeback process fit within that framework as I thought the process wasn't statutory.

YorkshireBoy

PaulLuke wrote: »

I did think about the FOS route but does the chargeback process fit within that framework as I thought the process wasn't statutory.

It isn't enshrined in Law like section 75 is, but faced with the possibility of a drawn out complaint and FOS involvement you may find Santander find a resolution for you...even if it's goodwill rather than chargeback.

PaulLuke

YorkshireBoy wrote: »

It isn't enshrined in Law like section 75 is, but faced with the possibility of a drawn out complaint and FOS involvement you may find Santander find a resolution for you...even if it's goodwill rather than chargeback.

That's a thought. I'm just annoyed as if you accept the initial response as being correct then even a S75 claim would be rejected on the basis that I can't prove the item in question was the item in the box. The next stage from that would be to say that had the item been a faulty sattelite receiver, I couldn't 'prove' it was from that particular purchase.

Based on these comments I think the next stage is a letter to the relevant dept. I won't telephone them as last time I was on the phone for some twenty minutes with the first response when I indicated that I wanted to lodge a chargeback claim being to deny knowledge of such a process and direct me back to the store I got the item from. I only eventually got past that first barrier after doing a broken record routine and asking for a manager for the last five minutes of the call! I'm starting to go off Santander Customer Services.

YorkshireBoy

PaulLuke wrote: »

Based on these comments I think the next stage is a letter to the relevant dept. I won't telephone them as last time I was on the phone for some twenty minutes with the first response when I indicated that I wanted to lodge a chargeback claim being to deny knowledge of such a process and direct me back to the store I got the item from. I only eventually got past that first barrier after doing a broken record routine and asking for a manager for the last five minutes of the call! I'm starting to go off Santander Customer Services.

You need to make notes of all your dealings with them in this matter, because the FOS take a very dim view of financial institutions fobbing off customers so this will strengthen your argument. Letting Santander know you're doing this and will be passing it on to the FOS (in an informative, rather than threatening, manner!) may generate a favourable outcome...sooner!

PaulLuke

YorkshireBoy wrote: »

You need to make notes of all your dealings with them in this matter, because the FOS take a very dim view of financial institutions fobbing off customers so this will strengthen your argument. Letting Santander know you're doing this and will be passing it on to the FOS (in an informative, rather than threatening, manner!) may generate a favourable outcome...sooner!

Wonder if having a dept that's only open during office hours and has effectively a premium rate no would be viewed as a barrier within the FOS's TCF guidelines.

Ho hum, that's just my musings but I will remain polite and outline the current position as well as indicating that I am prepared to refer the matter to FOS if necessarry. Thanks for the comments - calmed me down a little as it's not a lot of money but rather annoying that having used a credit card for the element of safety it provides I'm finding it so difficult to get a resolution!

dalesrider

Nice straght forward goods not as described.

Photo of box. Photo of what was inside copy of reciept showing what was ordered and Santander action chargeback.
Given Comet are no longer trading they are not going to dispute the chargeback..

Wonder if the reluctance to action is, maybe comet were santander aquired retailer.

grumbler

It was neither described nor ordered because it was purchased in-store.