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Debit card chargeback help!

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Hi, just looking for a bit of advice.
I ordered £85 worth of confectionary from a company which arrived roughly 50% smashed (was fancy stuff for a wedding).
I informed the company, they asked for confirmation of delivery date and photos. I provided these and asked for a replacement or refund. However, the company ignored me for 2 months (til after the wedding) and in the end I sent an email saying if they wouldn't talk to me I'd have no choice but to isssue a chargeback.
I then received a response saying I'd had them for 2 months, it wasn't their fault that I'd broken them since I got them and if I issued a chargeback they'd take me to county court for the outstanding balance.

My 2 concerns are - what if the item was paid for by debit card through paypal? Does this make a difference to the chargeback?
Also, can they take me to court if the chargeback is successful?
It's a lot of money to be out of pocket for sweets, and it was supposed to be for a special occasion.
Any insight appreciated!

Comments

  • leeroy2009
    leeroy2009 Posts: 591 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    edited 17 June 2013 at 6:55PM
    you should not of waited 2 months, if what you say is true, then the goods arrived faulty, as such you was entitled to a refund or replacement.

    give them one more chance to refund within 7 days, if they do not then commence your charge back.

    you only have 45 days with paypal I belive, so yes your going to have to go to your card people.

    and don't ever wait 2 months again to resolve issues with faulty goods!

    they wont go to court I doubt, as you have evidence you tried to resolve this ages ago

    infact they would look silly in court as they refused your legal rights to refund or replace, and are now accusing you of sabotage
  • leeroy2009
    leeroy2009 Posts: 591 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    im also going to asda later, 4 kit kat chunkys for a quid yummy.
  • Buzby
    Buzby Posts: 8,275 Forumite
    You cannot 'issue' a chargeback. You might have been able to request one, IF you paid the merchant directly - but you didn't. You actually paid PayPal who did what you asked them to.

    You should have asked PP to intervene, but the time for this has long passed. Assuming your bank is stupid enough to process a reversal, it is PayPal who will limit your account, report it to your credit file, and send in the DCA.

    Your only possible action is to get the firm to refund you directly, but if they refuse there is only the Small Claims track at your disposal, and there is no guarantee of success.
  • dalesrider
    dalesrider Posts: 3,447 Forumite
    Buzby wrote: »
    Assuming your bank is stupid enough to process a reversal, it is PayPal who will limit your account, report it to your credit file, and send in the DCA.
    .

    What a load of rubbish.

    While a chargeback can be actioned. The issue is that paypal only move the money, NOT provide the goods.
    So paypal are well within their rights to reject the chargeback.
    Although more often that not they do not reject.

    But Op do not worry the limiting of your account reporting to your credit file and send debt collectors is the stuff fairy tales are made of :mad:
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • Hominu
    Hominu Posts: 1,671 Forumite
    Notify them that you will be issuing a charge back unless you receive a refund within 7 days.

    If you receive no response, issue the charge back against Paypal. Ignore Buzby, he/she is talking crap.

    Rather than saying what happens next, I'll quote Paypal policy:
    When a chargeback occurs, the money that is subject to the chargeback is deducted from PayPal's bank account. In turn, PayPal places a temporary hold on the same amount in the seller's PayPal balance (i.e., the funds related to the transaction are frozen).

    The seller and PayPal can work together to investigate the chargeback with the buyer's credit card company. While the chargeback is being investigated, PayPal will debit the seller for the amount in question. If the investigation is resolved in favor of the seller with the credit card company, the credit card company will reimburse PayPal for the chargeback and PayPal will transfer the recovered funds back to the seller. Depending on the credit card company involved, the process may take up to 75 calendar days. In a dispute over a chargeback, the decision is ultimately made by the credit card company and PayPal cannot control the outcome.

    You can read more about what happens when you issue a charge back against Paypal here: https://www.paypal.com/cgi-bin/webscr?cmd=xpt%2Fseller%2FChargebackRisk-outside
  • Thanks for all the advice, I've never had to use the service before so wasn't really sure about it.
    I've told them I will be asking for a chargeback as they have refused refund/replacement under any circumstance, the 2 responses have been insisting that I have damaged the items and that they will take me to court if I go ahead with the chargeback. They're getting quite nasty, actually.
    I've kept items in the original packaging and only removed them to photograph as requested by the company.
    I don't understand why they asked me to do that if they were going to insist I damaged them anyway?
    Oh well.
    I'll go ahead and let my bank make the decision.
    Thanks again.
  • leeroy2009
    leeroy2009 Posts: 591 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    you should tell them they are lucky you aint taking them to court for denying you your legal right to refund or replace, id name and shame these charlatans.
  • sharpy2010
    sharpy2010 Posts: 2,471 Forumite
    Yup name and shame them so no one else (who reads this anyway) will get ripped off by them
  • Thanks for your information, it was really helpful and worth .
This discussion has been closed.
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