Contesting a purchase via Visa Debit Card

j.a.mcguire

I made a purchase using my Visa Debit Card on a website which purported to be something it wasn't, it turned out to be a fraud.

I realised shortly after making the transaction when a poorly formatted receipt email came through from a completely different company name. Alarm bells suddenly rang.

I rang up HSBC, and cancelled the card to be on the safe-side, I then asked to cancel the transaction.

They advised me that the transaction is in a holding state, where its not in my account, but it's not in the retailer's account either and I would need to call back once the funds had cleared to dispute the transaction.

I used the web form on the fraudulent website to contact the operators, and advised them I had contacted my bank and that the transaction should be cancelled.

Roll on 2 weeks, I've contacted my bank a further 2 times to try and have the claim disputed and funds returned only to be told there's nothing they can do, but that Visa have an expiration of 180 days against the transaction, at which point HSBC will be able to step in and hopefully return my money.

* Is it correct that Visa can hold my money in their coffers for 6 months / 180 days, and there's nothing I can do about it?
* The receipt I have is for £40.79, but the bank has confirmed that £44.89 has been debited against the account, this appears to be grounds to have the Financial Ombudsman step in as this amount was not authorised. Would this expedite the return of my money?
* How is there no financial protection offered by the bank against blatant fraud ? If it's evident that the operators of the website are an illegal outfit, why doesn't the bank protect me, or take notice?

Advice appreciated.

jonesMUFCforever

I could say a lot but will hold my tongue so to speak.

The transaction was processed but who entered their bank card details on the website? Did the site have a padlock?

Does the transaction actually show on your account as having been debited or is it still in pending state.
Has whatever you ordered been delivered? If not then start a chargeback for non receipt of goods (you may have to wait 28 days).

Please don't waste the ombudsman's time with such a frivilous matter.

pmduk

For once I disagree with the poster above. If you have a receipt for one figure and the Co are charging a different figure that sounds wrong, however... was it a UK sterling transaction on both sides? If you're sure it's entirely UK based then challenge it again at the bank, in writing if necessary. Some times you need to be assertive with front line call centre bank staff. It isn't unknown for their training to be woefully inadequate.

Usually the hold on a debit card lasts a max of 10 working days. This does not prevent the retailer claiming the funds later however.

grumbler

j.a.mcguire wrote: »

* Is it correct that Visa can hold my money in their coffers for 6 months / 180 days,

It is correct that retailers have up to 6 months to process an authirised transaction, even if the card is cancelled.

and there's nothing I can do about it?

Not really except cancelling the order with the retailer before the transaction is processed.

* The receipt I have is for £40.79, but the bank has confirmed that £44.89 has been debited against the account,

This is a valid reason for chargeback, but only after this amount is really debited, not is 'on hold' like you said earlier.

this appears to be grounds to have the Financial Ombudsman step in

Doesn't appear to me.

* How is there no financial protection offered by the bank against blatant fraud ? If it's evident that the operators of the website are an illegal outfit, why doesn't the bank protect me, or take notice?

If it was that 'evident' why have you paid them in the first place?
Non-delivery, counterfeit goods etc. can be valid reasons, not the appearance of the website or wording of the e-mail.

If the transaction is processed, but goods aren't delivered within the given timescale, you can initiate chargeback.

MSE article: Visa, Mastercard & Amex Chargeback

Derekmoses

Can anybody help I ordered from Argos on the 21st of November some presents for my children towards Christmas value of £50. When I ordered it said items despatched so I assumed they had taken the money but now nearly 3 months later I received an email. My email was from Argos saying they are very sorry they forgot to take the money from my card and they said they will be taking it very soon. I am now in financial difficulties can they just do this.

grumbler

Read the posts above and you'll see that yes, they can.
Try speaking to your bank about getting/extending overdraft or borrow £50 somewhere.

DCFC79

Derekmoses wrote: »

Can anybody help I ordered from Argos on the 21st of November some presents for my children towards Christmas value of £50. When I ordered it said items despatched so I assumed they had taken the money but now nearly 3 months later I received an email. My email was from Argos saying they are very sorry they forgot to take the money from my card and they said they will be taking it very soon. I am now in financial difficulties can they just do this.

Yes they can do that, if your having financial difficulties then is spending £50 wise.

If your in financial difficulties why don't you post on the debt free wannabe board.

jonesMUFCforever

Derekmoses wrote: »

Can anybody help I ordered from Argos on the 21st of November some presents for my children towards Christmas value of £50. When I ordered it said items despatched so I assumed they had taken the money but now nearly 3 months later I received an email. My email was from Argos saying they are very sorry they forgot to take the money from my card and they said they will be taking it very soon. I am now in financial difficulties can they just do this.

OP Why did you not alert Argos earlier that they had not taken the payment for the toys?

To be honest I would have done exactly the same as OP in that I would have hoped that I had gotten away with a freebie.
What I would not have done is complain when they did take the money.

chuckley

To OP, was this a currency conversion trans? (hence the slight price difference).

Did you receive the goods? (although if from China, I guess not).
are the funds 'still' pending after all this time? banks usually have a set amount of days of non claiming from the retailer before they release the hold. what is HSBC's?

I don't believe the Argos one. they just take the money once they realise. they don't need to contact you as you already authed the trans and received the good.

I found this happened a lot over xmas, thankfully it never busted my credit limit as it was a small amount!