Nationwide have refused my chargeback claim?

boilingpoint

Hoping for a bit of advice. I bought a van using 2 debit cards from 2 different accounts, one of which was nationwide back in early April. It was only for an initial £100 payment, whereas with the other card I paid the lump sum.

Anyway now I'm trying to do a chargeback on both accounts since the van I bought was advertised as having only had 'one owner from new' and after doing a HPI check it turns out it has had at least two owners and has outstanding finance on it from another company. I spoke to the dealership via email and eventually they stopped replying since they didn't want to take back the van.

I asked nationwide to do a chargeback and emailed them all the evidence including the original advert and email correspondence where the dealership refuses to give me a refund. The thing is the email correspondence from the dealership is just a hotmail account they are using and they never sign their name in any of the emails annoyingly.

I called nationwide today asking about the status of the chargeback and the operator told me that there was a letter in the post saying 'VISA Debit Card Chargeback policy does not cover section 75 of the CCA and therefore Nationwide cannot be held responsible...' and therefore rejecting my chargeback request!

I asked for a reason and I didn't get one. Only a promise to maybe call me back at some point next week. I'm starting to think I won't hear back unless I kick up a fuss...

Anyone else had this?

I checked the citizen's advice bureau and I SHOULD have consumer rights for goods bought that are misdescribed, including for vehicles...

wealdroam

boilingpoint wrote: »

Hoping for a bit of advice. I bought a van using 2 debit cards from 2 different accounts, one of which was nationwide back in early April. It was only for an initial £100 payment, whereas with the other card I paid the lump sum.

Anyway now I'm trying to do a chargeback on both accounts since the van I bought was advertised as having only had 'one owner from new' and after doing a HPI check it turns out it has had at least two owners and has outstanding finance on it from another company. I spoke to the dealership via email and eventually they stopped replying since they didn't want to take back the van.

I asked nationwide to do a chargeback and emailed them all the evidence including the original advert and email correspondence where the dealership refuses to give me a refund. The thing is the email correspondence from the dealership is just a hotmail account they are using and they never sign their name in any of the emails annoyingly.

I called nationwide today asking about the status of the chargeback and the operator told me that there was a letter in the post saying 'VISA Debit Card Chargeback policy does not cover section 75 of the CCA and therefore Nationwide cannot be held responsible...' and therefore rejecting my chargeback request!

I asked for a reason and I didn't get one. Only a promise to maybe call me back at some point next week. I'm starting to think I won't hear back unless I kick up a fuss...

Anyone else had this?

I checked the citizen's advice bureau and I SHOULD have consumer rights for goods bought that are misdescribed, including for vehicles...

Nationwide are right when they say ''VISA Debit Card Chargeback policy does not cover section 75 of the CCA", but "and therefore Nationwide cannot be held responsible..." may not be right.

NW's responsibility is spelt out in their chargeback rules. It is not backed up by legislation.

Have you read MSE's Chargeback article?

You will see in there that if NW won't help you, you can refer the matter to the Financial Ombudsman, but the FO will only ensure that the NW follow their chargeback rules.

The maximum you can get back is the amount paid, so to get the full amount back you will need to approach both debit card issuers.

System

Business purchase?
Not many consumer vans going about.

bod1467

Now if you'd paid part of it on a CREDIT card you would have had S75 protection. As it is you have no legal basis for your claim with NW, just their chargeback policy says.

You've still got small claims as a means of claiming back from the seller.

hollydays

Why did you do the hpi check after you'd bought the van?

daytona0

Why use two debit cards to complete the purchase?

What is the status of the second, much larger (presumably), chargeback you made?

Are you a business?

bris

S75 wouldn't cover a business purchase anyway.


Charge back is not a money back guarantee and was never intended to offer the same protection as a CC S75.


It's biggest downfall is that even if they take on your case they still have to request the money from the vendors bank, no money no chargeback. have a read.
http://www.which.co.uk/consumer-rights/advice/how-do-i-use-chargeback

boilingpoint

wealdroam - ok thanks yeah. Hopefully I won't have to go via the financial ombudsman route but looks likely to happen...next time will be credit card only. I realise I'm not legally entitled to a chargeback (or s75) but I AM legally entitled to a refund since the vehicle was misdescribed. Grey area....

mutzi - not a business purchase. The plan is to convert into a camper

hollydays - that doesn't help at all.

daytona0 - why not? the first payment was a deposit. I haven't had an update on the chargeback on my other account yet... and no I'm not a business.

bris - thanks for the link but where does it specify that the funds need to be in the sellers account for the chargeback to work? This was done via debit card. Not paypal...

System

If nationwide are applying the rules correctly, you don't really have a complaint against them. If you'd used a credit card, you'd be able to pursue it through them.

If you can prove it's not as described, you can enforce your right (to reject) via the courts. http://www.moneysavingexpert.com/reclaim/small-claims-court

You should express your rejection in writing, to the dealer, before the 30 day limit is up and keep a copy.

Specifically the rights you are relying on can be found in the following sections on the consumer rights act
http://www.legislation.gov.uk/ukpga/2015/15/section/11/enacted
http://www.legislation.gov.uk/ukpga/2015/15/section/19/enacted
http://www.legislation.gov.uk/ukpga/2015/15/section/20/enacted
http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

wealdroam

boilingpoint wrote: »

wealdroam - ok thanks yeah. Hopefully I won't have to go via the financial ombudsman route but looks likely to happen...next time will be credit card only. I realise I'm not legally entitled to a chargeback (or s75) but I AM legally entitled to a refund since the vehicle was misdescribed. Grey area....

Yes, if the goods were missold, then you are entitled to a remedy.

Not sure what the 'Grey area' is, but if you are 'legally entitled' to a refund then your bank(s) may help you out via the chargeback route.

If the banks decide a chargeback is not appropriate, then you might as well appeal to the Financial Ombudsman Service - that's free, and their decision is binding on the banks but not on the consumer.

If the FOS find in the banks favour, you can still take the seller to court for your refund. Be aware though that if the seller is a limited company, it is relatively easy for the company to be wound up and you have no-one to get your money from even if you win the court case.

glentoran99

wealdroam wrote: »

Yes, if the goods were missold, then you are entitled to a remedy.

Not sure what the 'Grey area' is, but if you are 'legally entitled' to a refund then your bank(s) may help you out via the chargeback route.

If the banks decide a chargeback is not appropriate, then you might as well appeal to the Financial Ombudsman Service - that's free, and their decision is binding on the banks but not on the consumer.

If the FOS find in the banks favour, you can still take the seller to court for your refund. Be aware though that if the seller is a limited company, it is relatively easy for the company to be wound up and you have no-one to get your money from even if you win the court case.

Chargeback is voluntarily though, it cant be enforced on the bank