Advice on claim under section. 75

ludwigww

Hi all,

I purchased an illustration from an American website on 10th March 2014, and international shipping was included in the cost. The company did not send me any shipping info or time frame once I made the purchase. A separate company that sells illustrations as well in America gave me a 6-8 week shipping time, and I purchased one from them a week before. The payment was done through paypal on my credit card.

I emailed the company four times inquiring about the shipping and never received a response.

A week and a half a go I contacted my credit card provider and requested a chargeback under section. 75 as it is coming up to four months since the purchase date. The gentleman on the phone pushed it through after explaining the situation. A couple of days after I checked my paypal and could see that there was a Dispute & Claims in the resolution centre. I checked it and saw that the company had finally responded with a tracking number for the item.
I then received an email from the guy at the company apologising for the delay and that it had been lost in transit. I responded saying that I was not going to accept the item as no one had responded to my initial emails, and that I found it quite convenient that they responded once they had been notified of a chargeback. Surely they would have sent me the tracking number in the first place and they would have been informed of the items location?
Their response was that they would still give me the refund and that I could keep the item as a gift.

I am worried that if I do accept it they will not give me the refund. I would like the print but I purchased another one in the time that I was waiting for this one to turn up. I feel I sound a bit greedy.

It's still in transit and has just cleared customs.

Any advice would be great.

wealdroam

It's not clear, but has your credit card provider refunded your money?

ludwigww

I have not checked my credit card statement as yet.

wealdroam

ludwigww wrote: »

I have not checked my credit card statement as yet.

Well then check it pdq.

The answer will surely influence whether you reject the delivery or not.

ludwigww

You are right. I thought that the whole process was going through ebay as I had seen the dispute in there.

I will check when I get a chance.

shaun_from_Africa

You might get a refund from a chargeback for the money but it's extremely unlikely that a "section 75" claim would be successful.
The reason for this is due to you sending the payment via Paypal which breaks the required buyer-creditor-seller chain by adding another link (Paypal).

ludwigww

Thanks wealdroam. My credit card company have returned the funds to me. My only worry is that the dispute is still open with Paypal and that once I accept the item the seller will renege, making paypal withdraw the funds from my account again.

wealdroam

ludwigww wrote: »

Thanks wealdroam. My credit card company have returned the funds to me. My only worry is that the dispute is still open with Paypal and that once I accept the item the seller will renege, making paypal withdraw the funds from my account again.

In which case you will be free to sell the duplicate item... perhaps on ebay.

ludwigww

Just as I suspected. The seller has gone back on their word and will not issue me a refund as a sign of good will. I am gathering all email correspondence and sending them to my credit card provider.

It was wasn't a second item that I was receiving, I hadn't received the item in 4 months after payment and after multiple emails to their email address that was on the paypal receipt.

unholyangel

ludwigww wrote: »

Just as I suspected. The seller has gone back on their word and will not issue me a refund as a sign of good will. I am gathering all email correspondence and sending them to my credit card provider.

It was wasn't a second item that I was receiving, I hadn't received the item in 4 months after payment and after multiple emails to their email address that was on the paypal receipt.

I thought you already got a refund from your card company? :S