Disputed Transaction Capital Card

nobodysdriving

Hi

my son has used his new Capital Card to buy me some 'UGG' boots online.

Problem is this:

immediately on receiving his email confirmation of the order he has realised this was NOT an authorised UGG reseller and as such we have emailed the company IMMEDIATELY just saying the order was placed in error please DO NOT dispatch and refund money in full.

We sent 3 of such emails, 3 to the company processing the payment too. There was nothing else we could do as the company does not provide any way of contacting them (no address or phone number on site!) but the email address.

We called Capital, they said they could do nothing as the payment was not gone through and still 'pending', we asked if they could decline it, they said no.

They told us we had to wait and see if the merchant would claim it.

They claimed it of course, so then we were told to send in a 'dispute transaction form' which we did.

Just the day before (and 4 days after placing the order) the merchant replied saying they could not stop the shipment and the goods were dispatched just a few hours earlier (4 days post our emails to them!!!). I told them we will NOT accept this delivery, we will not sign and tell the courier to return to sender. We told them it is only their fault they do not provide the customers with a phone number or other means of contacting them but an email address.

They said we could have a refund subject to 20% adminstration costs to which I said to 'lump it' as I can't see how we did anything wrong to have to pay 20% admin fees (which would amount to £20 odd )as we emailed them the second after placing the order giving them enough time not to claim the money on their end.

We are now waiting for Capital to get in touch with us....

in the meantime if the parcel arrives (IF it arrives as we are sure these are fake UGG boots and will be seized at customs if stopped/searched) then we will refuse delivery.

Can we get compensation from credit card I wonder? We immediately reported them as fake, to UGG and the credit card company, not sure who else we should report them to?

thank you for any tips/info you may have from a similar experience

derps

You're entitled to ask your card provider to raise a chargeback for counterfeit goods. This will be what the dispute forms are about so be sure to get your son to complete and return these.

If the goods are seized by the border agency they should send you a letter which is actually great for you. If you receive the boots, the card issuer might ask you get an independent report confirming that the boots are fake but a letter from the border agency will be good enough to prove your claim.

Once the claim is submitted, your son will receive a credit for the transaction which he can keep if the claim ultimately succeeds. Be prepared to wait a few months for this to be worked through.

nobodysdriving

derps wrote: »

You're entitled to ask your card provider to raise a chargeback for counterfeit goods. This will be what the dispute forms are about so be sure to get your son to complete and return these.

If the goods are seized by the border agency they should send you a letter which is actually great for you. If you receive the boots, the card issuer might ask you get an independent report confirming that the boots are fake but a letter from the border agency will be good enough to prove your claim.

Once the claim is submitted, your son will receive a credit for the transaction which he can keep if the claim ultimately succeeds. Be prepared to wait a few months for this to be worked through.

thanks
we have filled in the 'disputed transaction' form and we sent copy of all email correspondance with these people as well to Capital.
Sounds like it is just a matter of patiently waiting then, that's good thanks

[Deleted User]

Don't refuse the delivery. Otherwise you will have no evidence they are fake and the card issuer will be unable to act.

chanz4

Just because not authorised , doesn't mean fake and the credit card will ask for a report.

nobodysdriving

chanz4 wrote: »

Just because not authorised , doesn't mean fake and the credit card will ask for a report.

that's right,

to be honest the main reason why we have immediately emailed the seller on receiving acknowledgment of our order via email (ie a couple of minutes after clicking on the 'pay button') was because we were not comfortable to buy from a non authorised seller.
It could be they are very good fakes, I certainly do not want to go through the trouble to go and obtain a report, I am not happy to buy from a non authorised dealer, I know UGG are trying to clamp down on non authorised re-sellers/counterfeit dealers but of course it is a big task with hundreds of them popping all over the world.
I have emailed UGG, I have also reported this to the facebook team as this site advertises on facebook and my son clicked on their link within facebook.

Anyway, thank you so much, we'll see how it goes

Aquamania

nobodysdriving wrote: »

Hi

my son has used his new Capital Card to buy me some 'UGG' boots online.

Problem is this:

immediately on receiving his email confirmation of the order he has realised this was NOT an authorised UGG reseller and as such we have emailed the company IMMEDIATELY just saying the order was placed in error please DO NOT dispatch and refund money in full.

We sent 3 of such emails, 3 to the company processing the payment too. There was nothing else we could do as the company does not provide any way of contacting them (no address or phone number on site!) but the email address.

We called Capital, they said they could do nothing as the payment was not gone through and still 'pending', we asked if they could decline it, they said no.

They told us we had to wait and see if the merchant would claim it.

They claimed it of course, so then we were told to send in a 'dispute transaction form' which we did.

Just the day before (and 4 days after placing the order) the merchant replied saying they could not stop the shipment and the goods were dispatched just a few hours earlier (4 days post our emails to them!!!). I told them we will NOT accept this delivery, we will not sign and tell the courier to return to sender. We told them it is only their fault they do not provide the customers with a phone number or other means of contacting them but an email address.

They said we could have a refund subject to 20% adminstration costs to which I said to 'lump it' as I can't see how we did anything wrong to have to pay 20% admin fees (which would amount to £20 odd )as we emailed them the second after placing the order giving them enough time not to claim the money on their end.

We are now waiting for Capital to get in touch with us....

in the meantime if the parcel arrives (IF it arrives as we are sure these are fake UGG boots and will be seized at customs if stopped/searched) then we will refuse delivery.

Can we get compensation from credit card I wonder? We immediately reported them as fake, to UGG and the credit card company, not sure who else we should report them to?

thank you for any tips/info you may have from a similar experience

If your son wishes to cancel order (and it was placed with a seller in UK or even rest of Europe)
http://www.legislation.gov.uk/uksi/2013/3134/contents/made

If he placed the order with a Chinese based seller, good luck

I don't see how you can lawfully attempt to dispute the transaction when presumably your son authorised it (and then got buyers remorse)

nobodysdriving

Aquamania wrote: »

If your son wishes to cancel order (and it was placed with a seller in UK or even rest of Europe)
http://www.legislation.gov.uk/uksi/2013/3134/contents/made

If he placed the order with a Chinese based seller, good luck

I don't see how you can lawfully attempt to dispute the transaction when presumably your son authorised it (and then got buyers remorse)

ok, I am not the one disputing, he is the one disputing though he is heavily relying on my guidance/help with this. He's 19 and this is his first credit card, he looks up to me as a source of information and guidance while he's learning more and more in life.

On reviewing what has been said, we said to Capital One (when I say 'we' I mean HE, all correspondance with Capital One is from him after he talks to me about what to do next and we both agree it is a good step to take) that he has the feeling the site deals in counterfeit and they are 'not' authorised by UGG australia, it was to the seller themselves he just said 'cancel order now' as he was not sure he wanted to say directly to them 'you deal with fakes so cancel now'.

The email he sent to the seller was literally 2 minutes after he clicked on 'pay now'

We were waiting for a response from UGG Australia themselves to know 100% if our suspicions were right.

We have received a reply just an hour ago, UGG Australia confirms this is a site dealing in counterfeit, they are already aware of them and dealing. We can use this communication with UGG Australia to support our claim with Capital I think.

And what would be wrong with 'buyers remorse'?? as I understand it with distance selling you can change your mind so long that it is within a specified limit and 2 minutes surely is enough?

eskbanker

nobodysdriving wrote: »

And what would be wrong with 'buyers remorse'??

There's nothing wrong with buyer's remorse as such, but you shouldn't automatically expect a seller to refund you in full just because you change your mind.

nobodysdriving wrote: »

as I understand it with distance selling you can change your mind so long that it is within a specified limit and 2 minutes surely is enough?

Distance selling regs vary from one country to another so you should establish what the rules are for the country where the seller is (the country where you are isn't relevant). In this case the seller has agreed to let you cancel but will only refund 80%, which may be entirely compliant with those rules....

nobodysdriving

eskbanker wrote: »

There's nothing wrong with buyer's remorse as such, but you shouldn't automatically expect a seller to refund you in full just because you change your mind.

Distance selling regs vary from one country to another so you should establish what the rules are for the country where the seller is (the country where you are isn't relevant). In this case the seller has agreed to let you cancel but will only refund 80%, which may be entirely compliant with those rules....

thank you,
although the dispute with the credit card company was opened because we suspected 'counterfeit' goods, we said this to them, we stated that we wanted to cancel due to this.
Now that I have the response from UGG that this site is selling counterfeit I think maybe we will get our money back.

TheEffect

What's the site?

You've got nothing to hide by naming and shaming now Ugg have confirmed they're selling counterfeits, and it may help others who google their site when considering if they should purchase from them or not.