Credit card obligations

DavidRossitter

Hi

I am having a lot of trouble with an internet trader (UK based) that I placed an order with about 3 weeks ago.

I ordered one item and paid by Egg credit card but when I received the confirmation it showed two beds.

So I called and emailed and they verbally agreed to refund the 2nd item. The bed was offered on 24hour delivery but they then told me it was out of stock and I had to wait two weeks. I chased up after 10days as I had no refund and no bed - I was then told the bed was on back order until October so I cancelled the whole order.

I have kept things brief but despite many attempts on my part and several verbal confirmations that the refund had been done nothing every comes back. They have also confirmed twice that a refund had been done but then said when I chased that it hadn't.

I have spoken to my credit card company and they say that unless I can get written confirmation that a refund is coming back they cant act - but the company simply evades my request. I have spoken to trading standards who advises that under distance selling regulation I am entitled to refund but I cant act until after 30days.

So I am resigned to having to pay the £500+ which I am less than impressed with.

I would have expected Egg credit card to have more responsibility here.

What is also very bad is this company is still advertising these beds and taking people's money.

Any further advice from anyone on this?

Thanks David

PS I have also reproduced the selecting of one bed and the totalling of two on the website but I cant recreate it so I think there may be a bug in their website.

bwgames

The credit card co *is* jointly responsible, so what they're (Egg) saying is rather iffy. Have you told them that you dispute the transaction and that you will consider it as fraud if they do not refund the money, being that they are jointly responsible for non-deliverance of the goods.

I'm sure someone else will be along soon with more detail, but there is absolutely no reason why you should be paying that £500.

inmypocketnottheirs

David, phone the credit card company and say that you have cancelled the order with the supplier as they have not shipped the goods. Then ask the CC to do a charge back. They are as bwg says jointly responsible. This even means that if you do not get them money back from the supplier and egg do not refund, then you could sue egg in the small claims court.

They are trying to fob you off.

DavidRossitter

Thanks for the responses.

Yes I have done this. I put this in dispute last week and asked them to refund the money. I have spoken to two separate people in egg disputes team and they have both given me the same answer each time!

What do you suggest?

Thanks David

inmypocketnottheirs

Tell them unless they refund your account you will sue them in the small claims court. Then if they do not refund, you must carry out your threat.

knowledgeman

Egg can certainly dispute the transactions but if the merchant can show that they are within the agreement and any refund is discretionary as opposed to compulsory you dont have a leg to stand on

Id ask for a written reason as to why eggs dispute procedures cant assist you or suceed.

As for fraud, it is very different and you cant have a bank deal with something as fraud just because you want

The banks disputes department is the one who should be dealing here and they have certain rights and obligations under visa, mastercard terms

They cant refuse to initiate a dispute and the only reason you wouldnt get the funds back would be if the merchant showed they were in the right and you werent

Id write to the disputes team again, enclosing copies of all paperwork and state unless they provide conclusive written evidence of why you cant get a refund under disputes procedure your complaint will go forward

As for going to a small claims court, I dont think your at that stage yet

If you cant get the bank to sort it out get the ombudsman onto them and im sure it will be resolved in days

DavidRossitter

Hi

I Have looked up the Distance Selling Regulation and it would appear that I am legally entitled to a refund as:

- bed one was cancelled in writing within the cooling off period of 7 working days
- bed two was cancelled also in writing when I was informed that it would take more than 30days

These periods are defined in the regulation.

It would appear that the selling has up to 30days to pay the refund and there seems to be no obligation to confirm this in writing.

So whilst their customer service is very poor at the moment they are within the law but once the 30days are up then they have stepped outside it.

This period would seem consistent with credit card and OFT so the key is enforcement once the 30days are up.

I guess then from what everyone has said that I attempt to get the CC company to enforce the refund as the trader is operating illegally and failing that its the courts. I am not convinced I have any further rights with the cc company but would be delighted to be corrected.

What is very poor is that this firm is still advertising these beds for delivery tomorrow so they must be raking cash in under false pretences - in fact under the Distance Selling they must have an obligation to change the website if they cant meet an order within 30days. I have reported this to OFT but dont know if they are liable to do this from one complaint.

Thanks David

DavidRossitter

Well the good news is that refund has appeared in my credit card account for the full amount. No reply or contact whatsoever from the company but looks like sense has prevailed here.

Thanks for all the advice and tips and tricks.

I was reasonably confident I would always get a refund but it looked like a much bigger slog to get this than actually turned out to be the case.

So my learning point from this is to search on company name before buying to see if others have had bad experiences - and I am not much more familiar with distance selling regulations and their enforcement!

David