Chargeback

will30

Sorry if this is not in the right place.

I purchased some ugg boots online using my Nationwide Visa Debt Card for £99.67 on 12th December.

The boots are now faulty and the website is no longer exits (Think I may have ended up using a dodgy website who shipped fake boots - but thats another issue)

Anyway From reading up on it it looks as though I can use chargeback to get a refund as:

Debt card was used
My claim is within 120 days
The company is no longer trading and the goods are faulty.

It seems straight forward to me but nationwide have just brushed off my intial claim.

Any ideas how I should respond?
Where do I stand legally?

Thanks

FireWyrm

What excuse have nationwide given you?

Also, those Ugg boots are almost certainly fake and made of moonbear fur (FYI, they dont kill the moonbears first - if you dont believe me, youtube it, its about the most horrible thing I have ever seen and a damned good advert for not buying fur of any kind, rant over). Dont buy Ugg boots from any other supplier than the legitimate site. Ugg have made it clear they do not use third party suppliers.

See this : http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback/ for more information on Chargebacks. Chargebacks on Debit cards are not automatically granted...it depends if the funds are ther to get back in the first place.

will30

This is the reply I got


[FONT=Arial, Helvetica, sans-serif]We offer our members card protection when a transaction has been processed incorrectly. However, there are some scenarios where we are unable to assist. We are not responsible for a dispute between the cardholder and the retailer where the transaction have been processed correctly and the dispute is over quality of goods or services provided by the company.[/FONT]
[FONT=Arial, Helvetica, sans-serif][/FONT]
lesson learnt with the Ugg boots, Intially had no reason to doubt the website escially as it was in the first page of google when I started looking at it, but i know for the future.

FireWyrm

Tell them "oh yes you are" and to get their a$$s in gear and process a chargeback against the seller on the basis listed in the link I gave you. Do it in writing and demand a response within 14 days.

will30

Thanks

I've done all that - I used the letter template and sent it to them. I done it via email rather then post, shoudlnt make a difference should it?

Just checking that I have understood it correctly and I am entitled to a claim which by the sounds of it i am.

I guess the next move would be the financial Ombudsman if they still reject it?

FireWyrm

Yes. If they still persist in being difficult, you could go to a branch and demand it is processed immediately. It's harder to brush someone off when they are sitting opposite you. Mention a complaint to the FOS and see what happens. You are most certainly entitled to a chargeback in this case...the goods are not fit for purpose.

meer53

For a card issuer to action a chargeback for faulty goods, the goods have to be faulty on receipt.

Not fit for purpose is not covered under Visa Chargeback Regulations. That would be SOGA.

will30

Thanks

So where do I stand now the company no longer exsits.

Also I could argue that it arrived with the small hole in the bottom but it was only noticable now due to the bad weather etc?

meer53

For chargebacks to be actioned for faulty goods, you need to be able to confirm that the goods have been returned as faulty, or that you have made attempts to return them.

Can you get them repaired ?

FireWyrm

Um, where does it say that Meer? You can issue a chargeback any time within 120 days and it says nothing that i can find about having to have tried to return them. More to the point, the firm is now disappeared, so can be assumed to have gone bust, another reason under which the Debt Chargeback process works....on the basis, he cant send them back even if he wanted to.

meer53

FireWyrm wrote: »

Um, where does it say that Meer? You can issue a chargeback any time within 120 days and it says nothing that i can find about having to have tried to return them. More to the point, the firm is now disappeared, so can be assumed to have gone bust, another reason under which the Debt Chargeback process works....on the basis, he cant send them back even if he wanted to.

Um, it says that in the Visa Regulations i use at work.

There are a number of chargeback codes which can be used in different situations. The link you have provided is a very basic guide. Nationwide have already looked into the OP's query and have given the same advice that i would have done.

Each chargeback code has a number of specific conditions (stipulated by Visa) which have to be met before it can be used. There are different codes for different reasons.

For faulty goods, they must be faulty on receipt and returned to the seller. As the goods were accepted by the OP as in good condition, i can see why Nationwide have advised that they can't help.

Your posts aren't really helping the OP.