Master card dispute, Independent report and tender

jonahyk

Hi

I was wondering if I may get some advise on this.

Had recently (3 weeks ago) bought a piece of computer system over £3K from a retailer with my mastercard. The computer was delivered damaged (delivered 2 weeks back). Had since called the retailer via both phone and email correspondence and still no updates of when they can collect the computer back for a refund.

So I called up my bank (mastercard) and queried. I was only told that I need to submit a declaration form of what happened to the order and goods by their dispute team and a temporary credit will be given back to me while they investigate the case with the retailer.

The signed form was duly sent back to the bank with photos of the damaged computer and now the bank wants an Independent report and Tender to prove that the goods was actually damaged????? I was querying why the need for this Independent report since photos images had been given to them to show that the computer was badly damaged when it was delivered. The bank told me it is a internal requirement that they need from Mastercard and they cannot rise a claim until an Independent report is submitted.

I've called around no many retailers would entertain providing a letter to state that the computer was delivered damaged, simply because its none of their business. One or two would do it, but would costs me extra money to pay myself (£100-£200) for such service, of which it will burn another hole in my pocket.

Have since asked the bank to explain to me why such information (ie Independent report) had not been provided to me in the first place, of which they can't provide any.

Am still calling the computer retailer daily to get an update from their side. I'm using the bank as a counter measure just in case the computer retailer doesn't response.

I was wondering if anyone who be kind enough to advise me on this issue please?

InsideInsurance

Was it a debit, charge or credit card?

I'd speak to your bank and check what they are doing, specifically are they treating this as a chargeback or a S75 claim

The fact you got an initial credit would suggest chargeback but the request for evidence of the damage suggests S75

jonahyk

The total amount for the computer was paid by a mastercard credit card.

The bank briefly mentioned it will be a chargeback before they can raised it as a 75 claim. I've asked them for black and white documents for the need of an Independent report, which they said its internal regulatory which they cannot provide to customers, ie myself.

My headache at the moment is who then is able to do an Indenpendent report and who should bare the costs - as far as I understand is me but why?

jonahyk

BTW, I have not received any intial credit back from the bank credit card department as yet. Apologies if I missed that out earlier.

Voyager2002

It sounds as if they have not stated in writing that they need the independent report, so I question whether this is an actual requirement. I would therefore invoke the Financial Ombudsman procedure: the first step in this is to raise a formal complaint with the bank that issued the credit card that you used.

Aquamania

Tell the credit provider to make their own arrangements to satisfy their own 'internal requirements' if necessary.

Raise the matter as a formal complaint if necessary.


Or

14 day LBA. I would suggest you address it to both the retailer & the credit provider, holding them 'jointly & severally liable'

InsideInsurance

jonahyk wrote: »

The total amount for the computer was paid by a mastercard credit card.

The bank briefly mentioned it will be a chargeback before they can raised it as a 75 claim. I've asked them for black and white documents for the need of an Independent report, which they said its internal regulatory which they cannot provide to customers, ie myself.

My headache at the moment is who then is able to do an Indenpendent report and who should bare the costs - as far as I understand is me but why?

Chargeback is them asking for the money back from the merchant's bank and goes through a simple dispute process

S75 comes from your banks own pocket and there is then no automatic process of them getting their money back.

Needless to say for chargeback they will just take your word for it etc as it doesnt cost them anything. For a S75 they will defend the claim/ their money. It is standard in any claim (with a bank or otherwise) that the claimant must prove their claim - you cant go to court saying you lost £30,000 of time off work sorting this out evidence and just say that the defendant must prove otherwise.

It would be fairly reasonable for them, under a S75 claim, to want a report that (1) confirms the damage is consistent with the claim and (2) a cost estimate for fixing it. The claim having been substantiated the bank can then negotiate with you a settlement, the first of which probably would be based on them paying the repair cost as they probably dont really want a broken computer


I'd go back to the bank and push for this to be handled as a chargeback

grumbler

InsideInsurance wrote: »

The fact you got an initial credit would suggest chargeback ...

So does "requirement .. from Mastercard".

It's clear that it's chargeback. And they are fobbing the customer off as chargeback doesn't cover any cost of "Independent report" that can be not cheap.

InsideInsurance wrote: »

It would be fairly reasonable for them to want a report that (1) confirms the damage is consistent with the claim and (2) a cost estimate for fixing it. The claim having been substantiated the bank can then negotiate with you a settlement, the first of which probably would be based on them paying the repair cost as they probably dont really want a broken computer

I am pretty sure this is incorrect for chargeback as it's always a full refund or nothing and there is no anything to 'negotiate' because ultimately it's not the CC company that pays the money. The CC company is just an intermediary in the chain

Customer - CC company - Merchant's bank - Merchant.

jonahyk

Voyager2002 - thanks for the reply. When I first called up the bank dispute department, the only thing they said was I only need to submit a declaration form stating what the problem was and they would place a temporary credit to the credit card while they investigate with the retailer. I've lodged a complaint this morning asking the bank why this procedure of getting an Independent Report and Tender (Tender which I can provide with the email correspondences with the computer retailer) was not explained to me in the first place, as I'm seeing it, though I may be wrong in this, as a barrier wall to help customer as they know that ain't many around to do an Independent Report. The bank told me that the independent party needs to be of some relationship with the retailer I bought it from........sigh

Aquamania - thanks for the email, I've raised a complaint with the bank as mentioned in the prior paragraph but guess it might be a brick wall with the bank? As for the 14day LBA, where and who should I go to - Consumer group?

Thanks for all the replies and advises. It just shows that banks ain't really here to help protect their customers in times of problem

grumbler

jonahyk wrote: »

It just shows that banks ain't really here to help protect their customers in times of problem

Hardly a surprise.
Police are here to protect. Charities are here to help.
Banks are here to make money in the first place.

jonahyk

Thanks InsideInsurance!! So if I am able to ask the bank to treat it as a chargeback (I have since provided them with photos of the damaged computer and box) then there is no need for an Independent Report? To be honest I've never known of such issues until being hit with it.

Thanks to all the advises thus far.