Chargeback Query

XRayDave

Currently waiting for an item to arrive from a company. I checked them out and they seem to be legitimate - however, no item.

I ordered on 7th Sept and money was taken from my account - I paid by Visa Debit - on the 11th. After paying I was advised that I would receive an email detailing delivery. No email followed.

The following day - Tuesday 12th - still having no delivery information, I contacted the company using their web form - which was ignored.

My wife rang the company on 13th and was told delivery would be on Friday 15th.

Returning home on the 15th to find no delivery, I rang the company to be told delivery would be on the following Wednesday (20th).

On 20th, I again emailed them as we hadn't received the item to be told that the company would check with the carrier and get back to us - they didn't.

Late on 21st, I emailed them giving them 7 days to fulfill their side of the contract and making time the essence of the contract. Their reply stated that they would comply.

On 22nd, I phoned the company for details only to be told that they were having problems with their carrier and were switching to DPD. I was advised that tracking information would follow. It didn't.

On 26th, I emailed the company again asking whether the item had been dispatched and if it had, to give me the tracking number and if it hadn't to refund me.

Their reply (at 8am this morning) stated that they would check with their stores to see if it had been dispatched and get back to me.

As of 6:20pm on the same day - you've guessed it - no contact.

Given the above, what do you think the chances are that I will receive a refund through the chargeback process (as it was paid through Visa Debit and SagePay).

I have a full compliment of emails both sent and received.

XRD

halibut2209

I assume this is an online purchase?

Simply email them saying you are cancelling the order under Distance Selling Regulations. This is an unconditional right and they have to refund you within 30 days. Should a parcel turn up, refuse it.

XRayDave

Thanks Halibut for the swift response.

Yes, it was an on-line purchase.

What happens if the company ignores my DSR request??

What do I do then - apart from pursue the chargeback? Can I bring a small claim?

XRD

halibut2209

If they ignore the request then you should be able to get a chargeback without much hassle

JRSmith

Juts write to the bank, they usually have a department that deal with chragebacks and disputes. If it's Natwest or RBS then I could even give you the direct address. The process is fairly quick and you clearly have a valid claim.

XRayDave

Thanks JR and Halibut

Chargeback letter (courtesy of MSE) is prepped & ready to go as are printouts of all email correspondence.

Which do you recommend I try first - the DSR route or go to my bank for a chargeback (assuming the goods DON'T arrive tomorrow - which is the deadline I gave the company last week to fulfill their side of the contract)?

XRD

wealdroam

XRayDave wrote: »

Thanks JR and Halibut

Chargeback letter (courtesy of MSE) is prepped & ready to go as are printouts of all email correspondence.

Which do you recommend I try first - the DSR route or go to my bank for a chargeback (assuming the goods DON'T arrive tomorrow - which is the deadline I gave the company last week to fulfill their side of the contract)?

XRD

I would send the DSR order cancellation letter first.

Then you have every right to refuse the delivery, should it be attempted.

It would also give your card issuer extra proof that a chargeback is perfectly in order.

bod1467

I disagree (I think). If you invoke DSR cancellation then you're resetting the clock and giving the supplier an out, and a reason to the bank to reject the chargeback. Better to just invoke the chargeback as there's a 120 day time limit (from memory) for chargebacks.

XRayDave

Ok...

So that's one vote each I reckon.

I'm thinking to wait until the breach of contract actually occurs, then I can both (a) send the chargeback letter to the bank whilst (b) simultaneously refusing to accept delivery should that be attempted after the breach of contract.

Views??

XRD

(Thanks to everyone so far for their input)

unholyangel

Chargeback first for non-delivery.

I don't believe its wise to cancel though if you do plan on trying for a chargeback for non delivery.

XRayDave

Bank said there should be no problem and that we would hear back from their team in around 7 days.

Meanwhile, the company has refunded me - must have been my threat of taking it further and/or getting the item from somewhere else and making a small claim - who knows?

Anyway, happy camper.

XRD