Master card dispute, Independent report and tender

Aquamania

InsideInsurance wrote: »

... It is standard in any claim (with a bank or otherwise) that the claimant must prove their claim ...

A county court will invariably accept a photograph showing the physical damage to the item. If the OP wanted to be absolutely sure, they could take the actual damaged item with them to court.

If it's visibly damaged, a court will not need independent reports stating what the judge could see for himself/herself.

Aquamania

jonahyk wrote: »

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.

If you can convince the bank to treat the matter as a chargeback, I would fully expect the retailer to say they are working with you to reach an amicable resolution, and so to request the bank to refuse the chargeback.

Then you will probably be back to square one.

grumbler

jonahyk wrote: »

..So if I am able to ask the bank to treat it as a chargeback ...

They are treating this as a chargeback. Full stop.
It's a separate question whether they are doing this correctly or not.

Gaz83

Aquamania wrote: »

A county court will invariably accept a photograph showing the physical damage to the item. If the OP wanted to be absolutely sure, they could take the actual damaged item with them to court.

If it's visibly damaged, a court will not need independent reports stating what the judge could see for himself/herself.

Wouldn't the issue be proving that the goods were damaged in transit, and not afterwards, though? Presumably the OP would have had to sign for such a package, and by signing isn't the recipient certifying that the goods are in expected condition?

jonahyk

I did signed for the parcel but wrote down Not Check on the signed note as I was rushing off for a meeting on the day of delivery. And to inspect the computer required 2 person to lift it up from the box as it was a heavy beast.

jonahyk

Apologies but I forgot to ask this question - where exactly should I go to get an Independent Report, if in the worst case the bank insist of one. I've called John Lewis, PC world, Currys - they won't entertain writing a letter just to confirm that the computer I received was delivered damaged.

Aquamania

Gaz83 wrote: »

Wouldn't the issue be proving that the goods were damaged in transit, and not afterwards, though? Presumably the OP would have had to sign for such a package, and by signing isn't the recipient certifying that the goods are in expected condition?

That may be a defence offered.

But no independent report now would be able to sort that out. That would be for the judge to decide upon (if that was the defence offered)

Aquamania

jonahyk wrote: »

Apologies but I forgot to ask this question - where exactly should I go to get an Independent Report, if in the worst case the bank insist of one. I've called John Lewis, PC world, Currys - they won't entertain writing a letter just to confirm that the computer I received was delivered damaged.

You don't need one. Read the advice I have already given you.

But if you really want to spend your hard earned cash, go to one of the "One or two would do it, but would costs me extra money to pay myself (£100-£200) for such service" you mentioned in your OP :cool:

Chino

Gaz83 wrote: »

and by signing isn't the recipient certifying that the goods are in expected condition?

No. By signing for a package, a recipient is merely acknowledging that he or she received a package.

InsideInsurance

grumbler wrote: »

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.
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.

The OP seems to be using Mastercard interchangably with their bank. Unfortunately experience on here teaches us people get confused between what the different brands/ organisations play in all these things.

The 2nd paragraph you quoted related to S75 claims not chargebacks, the earlier paragraph you cut out said for chargebacks there is little challenge because it dosent come from their pocket. Ill update the post though as it wasnt clear