How long does credit card protection last??

maxlan

Hi,
I pre-ordered a product in 2015! It still hasn't been delivered. I asked for a refund, the supplier said "15 days" and then when the refund hadn't arrived "90 days".
I'm assuming now that they're basically bankrupt or otherwise failing, but haven't yet filed.
So, as it's been so long, will I still be able to get anything back through my credit card??

And, would I get any joy by approaching the credit card company now? While the vendor are still promising me a refund, presumably the credit card would just tell me to keep waiting?
(To add a bit of complication, it is a US vendor... Californian small claims court would be an option, but after a quick read, even after a successful judgement, there is still very little enforcement of the repayment...)

PeacefulWaters

How much was the purchase for?

Assuming over £100, then section 75 should still apply.

Contact your card company.

Dobbibill

If it's under £100 you could ask about charge back instead.

agrinnall

Dobbibill wrote: »

If it's under £100 you could ask about charge back instead.

It's most likely out of time for a chargeback.

YorkshireBoy

agrinnall wrote: »

It's most likely out of time for a chargeback.

OP, if it's under £100 (and I'm guessing it is, since anything over this and you'd have been chasing up long ago!), on this point you may find this article useful...

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

Read down to the 540 days bit and see if that applies to your case.

maxlan

I'll press on with section 75 claims then.
It is over £100. About $500. Which they originally said they would refund to PayPal. (Even though the initial payment wasn't via paypal). I was thinking "Woo hoo, Exchange rate Win!". I expect if I go through section 75, I'll just get the same pounds I spent back, and possibly not even the exchange fee.
They've been promising it will be released in the summer, in the autumn, in the winter, next year, etc... I've given up waiting and have no faith they'll deliver any more. Once you've waited past the first failed deadline, it gets harder to give up on it.
I now think it's going to turn out to be one of Silicon Valley's bigger scams. Which is why I'm trying to get out now.
(this is my personal opinion and I don't feel like naming the product in case it prejudices anything)
I'll add : It WAS a "pre-order" not a crowd fund thing.

YorkshireBoy

maxlan wrote: »

I expect if I go through section 75, I'll just get the same pounds I spent back, and possibly not even the exchange fee.

Then you'll be pleasantly surprised when you read up more on section 75 and commence legal action.

eddddy

maxlan wrote: »

I was thinking "Woo hoo, Exchange rate Win!". I expect if I go through section 75, I'll just get the same pounds I spent back, and possibly not even the exchange fee.

Well...

The CC company would be jointly liable for breach of contract.

Your contract will probably be governed by Californian Law. So the CC company would have to pay you whatever damages Californian law allows under these circumstances.

You can try reading this if you want... http://blogs.lawyers.com/attorney/contracts/breach-of-contract-in-california-24603/

jonesMUFCforever

maxlan wrote: »

I'll press on with section 75 claims then.
It is over £100. About $500. Which they originally said they would refund to PayPal. (Even though the initial payment wasn't via paypal). I was thinking "Woo hoo, Exchange rate Win!". I expect if I go through section 75, I'll just get the same pounds I spent back, and possibly not even the exchange fee.
They've been promising it will be released in the summer, in the autumn, in the winter, next year, etc... I've given up waiting and have no faith they'll deliver any more. Once you've waited past the first failed deadline, it gets harder to give up on it.
I now think it's going to turn out to be one of Silicon Valley's bigger scams. Which is why I'm trying to get out now.
(this is my personal opinion and I don't feel like naming the product in case it prejudices anything)
I'll add : It WAS a "pre-order" not a crowd fund thing.

If you get the refund you will get $500 the exchange rate win/loss is up/down to you.

YorkshireBoy

jonesMUFCforever wrote: »

If you get the refund you will get $500 the exchange rate win/loss is up/down to you.

So section 75 doesn't allow for consequential losses now then? When did that change?

eset12345

good luck getting the card company to take any such claim seriously, I mean really, over a year before you bring up a claim for a non delivered item, pull the other one.

if I were taking the call i'd be flagging it as fraud.