Chargeback

FireWyrm

meer53 wrote: »

Nationwide have already looked into the OP's query and have given the same advice that i would have done.

Really. That would be why Nationwide are not doing what they are supposed to be doing, inacurate information. The rules are quite specific and a chargeback is allowed when goods are faulty and when a company has gone into administration. A claim can be made any time up to 120 days and Visa do not specify that the goods have to have been returned at all...unless you can quote their regulations otherwise.

See here : http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

Relevant passage : Importantly, as it's asking for money back from the supplier's bank, not the supplier itself, the money should come back even if the retailer has gone bust — though this isn't guaranteed. If a transaction hasn't been completed properly, the onus is on your bank to get the money back and you should get a refund.
Some possible reasons for claiming a chargeback are:

• Company goes into administration — the company you purchased from has gone bust
• Quality of item — the goods were not as described or were defective
• Non delivery — the goods were not received as promised
• Technical issue — expired authorisation or a processing error by the bank
• Clerical error — being charged multiple times or being billed for the incorrect amount
• Fraud — you have been the victim of fraud and did not authorise the purchase

OP, if your bank still refuses to do what it is supposed to do, then complain to the FOS. They are the final arbiter of this sort of dispute anyway and they'll soon tell you who is right and who is wrong.

meer53

Those are possible reasons for a chargeback to be actioned. For your information, here are the conditions for a Code 53 chargeback. Taken from Visa.com


Reason Code 53: Not as Described or Defective Merchandise
Definition - The card issuer received a notice from the cardholder stating that the goods or services were:
• Received damaged, defective, not the same as shown and/or described
on-screen (for Internet transactions), as described on the transaction receipt
or other documentation presented to the cardholder at the time of the
transaction .
• Not the same as the merchant’s verbal description (for a telephone
transaction) .
• Unsuitable for the purpose in which it was sold .

For this reason code, the cardholder must have made a valid attempt to resolve the dispute or return the merchandise . An example of a valid attempt to return may be to request that the merchant retrieve the goods at the merchant’s own expense

(My bold)

As you seem to know everything there is to know about chargebacks, i'll leave you to it now.

FireWyrm

Yes...and therefore providing another reason the OP can use to force a chargeback...

The goods were not as described. I'm assuming the OP can prove they were not labelled on the website as 'fake ugg boots' or similar. Having paid for genuine Ugg boots, I think we can safely say, they were not as described either.

Further to that, the goods have to be fit for purpose under several consumer regulations and one would expect (even fake) boots to last a lot longer than a month - therefore, defective when received.

Thirdly, the website is gone, that means the retailer is out of business or ceased to exist, providing yet another reason for a chargeback, the consumer could not return the goods if he wanted to. The OP knows that the website is gone therefore demonstrating a valid attempt to return the goods for a refund.

That's three reasons I can see right there.

OP, complain to the FOS and test it to see who is right. Dont just take Nationwide's word for it.

rizla_king

meer53 wrote: »

For your information, here are the conditions for a Code 53 chargeback. Taken from Visa.com

Those are the US regulations I think? A different set of operating regulations apply to Visa Europe as far as I remember?

AdamD

will30 wrote: »

...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.

Why do people assume that just because a website appears on the first page of a Google search, the website must be legitimate...

A_Flock_Of_Sheep

I have used the VISA Debit Chargeback for faulty goods - it was through ebay/pay pal but the item was faulty on receipt but the seller would not help.

I am with Cumberland BS and the chargeback was successful. I am not sure of situation if the goods become faulty? Am I right in thinking the Credit Card side of things takes care of that not Debit Card?

will30

AdamD wrote: »

Why do people assume that just because a website appears on the first page of a Google search, the website must be legitimate...

That is helpful how exactly?

I am not down with Ugg boot suppliers and shops so I i type "buy Ugg boots" or similar into google why shouldnt I trust whats on the first page

meer53

rizla_king wrote: »

Those are the US regulations I think? A different set of operating regulations apply to Visa Europe as far as I remember?

The conditions are exactly the same for Visa Europe.

FireWyrm

will30 wrote: »

That is helpful how exactly?

I am not down with Ugg boot suppliers and shops so I i type "buy Ugg boots" or similar into google why shouldnt I trust whats on the first page

Fake Ugg boots are a major racket. Chances are, if they are not purchased from the genuine site, then they are fake, its that simple, even Ugg say this : http://counterfeit.uggaustralia.co.uk/on/demandware.store/Sites-UGG-COUNTERFEIT-UK-Site/en_GB/Counterfeit-Show?caid=what-is-counterfeit

Worse yet, as I said, these boots are manufactured in China using some of the most horrific methods of fur harvesting I have ever had the mis-fortune to see. Genuinely, it is on the the very few times I have ever felt truly sick and I wish I could unsee what I've seen.

We can all argue consumer law round and round but the bottom line is that the FOS are probably the final opinion on the subject. I strongly suggest you lodge a complaint with them and see where you get to with it.

meer53

A_Flock_Of_Sheep wrote: »

I have used the VISA Debit Chargeback for faulty goods - it was through ebay/pay pal but the item was faulty on receipt but the seller would not help.

I am with Cumberland BS and the chargeback was successful. I am not sure of situation if the goods become faulty? Am I right in thinking the Credit Card side of things takes care of that not Debit Card?

You will win a chargeback for goods which are faulty on receipt. No difference in Credit or Debit, still no chargeback right for goods which become faulty later.