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TSB Credit Card Chargeback for UPS losing apple return iPhone

It has been a while since my last post and would really appreciate some advice, I returned a phone to apple for a refund and they have claim to have received essentially an empty box. After investigating with UPS, UPS are denying liability for the missing phone and apple have advised me to file a police report, which I have done so online and now waiting for a response.

I feel quite helpless in this situation but would I have my credit card to fallback on? on what grounds can I file a chargeback? can't find any information about this situation specifically.

Comments

  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 16 December 2015 at 6:36PM
    Chargeback can be only for the amount you paid for sending.

    However, if you claim under s75, then theoretically you can claim for consequential losses, but this has to be proved. Your rights against TSB are the same as against UPS.

    MSE articles:
    What about the weight? Was the parcel weighed when you sent it?
  • gymrat3
    gymrat3 Posts: 38 Forumite
    edited 16 December 2015 at 6:47PM
    grumbler wrote: »
    Chargeback can be only for the amount you paid for sending.

    However, if you claim under s75, then theoretically you can claim for consequential losses, but this has to be proved. Your rights against TSB are the same as against UPS.

    MSE articles:
    What about the weight? Was the parcel weighed when you sent it?


    I handed over to the driver the parcel and that was it, never had any problems with UPS otherwise I would have went to a store where it could be weighed before sending.

    UPS label was provided by apple and I did not pay anything to return it

    Could you elaborate on the consequential loss part?
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can you read the article first?
    A concert was cancelled, but I'd paid for trains/hotel. Can I claim for associated costs?


    The law allows you to claim for ‘consequential losses' arising from the problem. In other words, if what went wrong forced you to shell out, the credit company is liable just like the retailer would be. Obviously it's more difficult to do, but it's still legal.
    You paid for posting. Allegedly they failed to provide the service. The amount you paid is the direct loss. The consequential loss is the lost iPhone.
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    They would weight the parcel once back at the depot, they could say the phone was never in there and your pulling a fast one...
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • gymrat3
    gymrat3 Posts: 38 Forumite
    chanz4 wrote: »
    They would weight the parcel once back at the depot, they could say the phone was never in there and your pulling a fast one...

    Thats what I'm struggling with, I definitely handed over the phone to the driver and don't see any benefit of pulling a fast one especially at my address and not to mention its illegal...

    The driver could easily have taken the phone..what can I do?

    I am in the middle of getting a crime reference number but I am just very angry and worried right now that I would be left out of pocket
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