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Lloyd's refuse chargeback is this correct ?

Hi just wondering if this is right , I brought a hair curler from china using my credit card , cost was £38 , it took a while to arrive so I brought one from the uk . It arrived 2 months later , I no longer needed it so sold it on ebay . I had tested it and it was working fine . The person who brought it off me has told me it's no longer working so I've asked them to return it for a refund .phone Lloyd's today as I can't get in touch with who I brought it from to chargeback they told me I can't get a refund due to me selling it on and they can't prove if it was the company's fault or the person i sold it to had made the fault .are they right ??

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    edited 3 January 2014 at 2:16PM
    Its seems a fairly reasonable reply to me. You do not know whether the goods you purchased were faulty or not when purchased.
    And so your bank cannot make a chargeback request as they cannot say that the goods were faulty when delivered to you.

    Presumably you have already tried to negotiate with the supplier direct?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    I can't see why Lloyds should subsidise your online selling business like this.

    As soon as you have set yourself up as the shop, you lose the personal protection provided from using a credit card.
  • eskbanker
    eskbanker Posts: 42,143
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Tixy wrote: »
    Its seems a fairly reasonable reply to me. You do not know whether the goods you purchased were faulty or not when purchased.
    And so your bank cannot make a chargeback request as they cannot say that the goods were faulty when delivered to you.

    Presumably you have already tried to negotiate with the supplier direct?

    OP does know this ("I had tested it and it was working fine"), so that takes it all into the greyer area of exactly what the fault is and whether it could be reasonably proved to be present at the time of sale (as opposed to, say, being caused by a power spike when in use). There is also the issue of buying from China, rather than somewhere under the jurisdiction of Sale of Goods Act, Distance Selling Regulations, etc, and so I agree with the previous posters and can't see any realistic prospect of getting Lloyds to change their mind....
  • ERICS_MUM
    ERICS_MUM Posts: 3,579
    Part of the Furniture 1,000 Posts
    Forumite
    apols if this is a dumb question :D

    Doesn't the £100 minimum spend on credit card as laid down by CCA Section 75 apply in cases like this ?
  • YorkshireBoy
    YorkshireBoy Posts: 31,541
    Part of the Furniture 10,000 Posts Name Dropper
    Forumite
    ERICS_MUM wrote: »
    Doesn't the £100 minimum spend on credit card as laid down by CCA Section 75 apply in cases like this ?
    No. Visa/MasterCard/Amex Chargeback has no min (or max) spend limits.


    Further reading...


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