Trouble with a chargeback

sarahgoodings

I bought a Moncler coat in June of this year from an online retailer for £1,200. When the coat arrived I noticed a number of spelling mistakes on the wash label and after further investigation I was convinced the coat was a counterfeit. I have many similar coats and comparing the weight and material to the one I bought you could just see the difference in quality.

Literally within hours of receiving the coat which was sent via Royal Mail 2nd Class delivery (no joke) I contacted the retailer and asked to return it. Without me mentioning that I suspected it was a counterfeit the retailer emailed me back saying that he was not accepting any refunds from me as he believed I had swapped it for a counterfeit.

After 34 emails between me and the seller I contacted my bank which is NatWest to see if they could help, I was then transferred to visa retail disputes who took down all my details. They said that they needed independent verification that the coat was indeed a counterfeit.

After contacting Moncler directly about my problem they told me I could send the jacket into their counterfeit protection team and they will inspect the coat and give me written proof whether or not it is genuine or not. This whole process took a month and Moncler confirmed in writing that this coat was 100% counterfeit "without any doubts" and that they were investigating the retailer.

I got back in touch the Visa retail disputes at NatWest and they told me to send all my evidence in the post to them, which I did. I sent the letter from Moncler, pictures of the jacket, pictures of the second class postage and every email that was sent between me and the retailer. I thought this was an open and shut case and I'd get my money back.

Today I received a letter from Visa disputes telling me that I had no case against the retailer and that the evidence wouldn't stand up.

What can I do next?

Hellzapoppin

If you used a credit card or your overdraft facility, the charge back scheme is not your only option, the bank has an obligation to refund you under the consumer credit act.

sarahgoodings

It was bought with a debit card with no overdraft used, sorry I should have mentioned that.

YorkshireBoy

sarahgoodings wrote: »

What can I do next?

If you're not happy, let them know...
http://personal.natwest.com/personal/support-centre/how-to-complain.html

Hellzapoppin

I'm not sure why NatWest are saying that you don't have enough evidence that the coat is counterfeit, the relevant chargeback states that it is down to the merchant to prove the goods were legitimate, not for you to prove that they weren't.

grumbler

Hellzapoppin wrote: »

If you used a credit card or your overdraft facility, the charge back scheme is not your only option, the bank has an obligation to refund you under the consumer credit act.

For the overdraft it's not that clear: Visa debit card - section 75???
(Also, New! Post of the Month is back - Nominate October's best discussion
- post #8 and below).

If it was a CC, then you can sue your CC company, but it's worth taking the case to FOS first that can be done for a chargeback case either.

MSE articles:

• Visa, Mastercard & Amex Chargeback
• Section 75 refunds

sarahgoodings wrote: »

It was bought with a debit card with no overdraft used, sorry I should have mentioned that.

Then your only options are the internal complaints procedure, then FOS.

ETA: also, you can sue the "online retailer".

sarahgoodings

YorkshireBoy wrote: »

If you're not happy, let them know...

I did call NatWest today (their Visa disputes were closed) and the advisor said the only thing I could do would be to send a letter asking for the case to be reviewed. She said once they make their decision they rarely go back on it however.

Hellzapoppin wrote: »

I'm not sure why NatWest are saying that you don't have enough evidence that the coat is counterfeit, the relevant chargeback states that it is down to the merchant to prove the goods were legitimate, not for you to prove that they weren't.

The retailer actually said they were legitimate and authorised retailers to sell Moncler goods and provided a copy of a letter Moncler had sent back in 2013 that states they're authorised to sell Moncler goods. I think that's why they decided in the retailers favour. But the thing is, in the letter that Moncler sent me it stated that the retailer had been removed from their list of authorised retailers which makes me wonder did if NatWest even read any of my evidence.

YorkshireBoy

sarahgoodings wrote: »

I did call NatWest today (their Visa disputes were closed) and the advisor said the only thing I could do would be to send a letter asking for the case to be reviewed.

That's another complaint to make then (misinformation).

She said once they make their decision they rarely go back on it however.

I'm wondering how a frontline Saturday call centre worker would know this. Perhaps you could ask them if this was in fact true as part of the above complaint?

The retailer actually said they were legitimate and authorised retailers to sell Moncler goods and provided a copy of a letter Moncler had sent back in 2013 that states they're authorised to sell Moncler goods. I think that's why they decided in the retailers favour. But the thing is, in the letter that Moncler sent me it stated that the retailer had been removed from their list of authorised retailers which makes me wonder did if NatWest even read any of my evidence.

Then this should be included in your complaint.

Hellzapoppin

Whether they are authorised stockists or not has no bearing on whether they have sold a counterfeit product. Tesco had a legal battle as they weren't authorised to sell Levi jeans, but there was no suggestion that the products were counterfeit.

jonesMUFCforever

Whatever the final outcome here it must be a valuable lesson for the OP and all other MSE readers that you should always put large transactions like this on a CREDIT card for the s75 cover. It is a no brainer.