problems starting a section 75 - Help needed

bbarroso

Hi All,

A couple months ago, I went into UPS website and scheduled to have 4 parcels posted back to the UK on my return from holiday. I got the online quotes based on package size and weight, and proceeded to payment as usual. Was given the online receipts and didn't though much of it.
Problems came when I checked my card, they issued a new set of invoices which were physically posted to the place of collection (I didn’t had access to these for a few days) and charged my card on the amounts for those receipts that added up to a bit over £1000 in addition to what I was initially invoiced online (separate transactions)
I called them to understand what was happening and apparently they can't have access to my online account quotes and payments, but they can see the offline bill and assume it to be correct, because the online purchase doesn't show on their system. Just to clarify both these payments were taken, it wasn’t an additional charge to the original consignments.
Whenever I call them they ask to send the details using a webform on their webpage. I get an email confirmation that they received the query but no reply is ever given.

I tried to start a section 75 but my card issuer (Halifax) says they need proof. I sent the set of receipts, showing the same tracking number and a written confirmation of what's happening but they say they still need to see UPS reply on this matter.
How do I go out about solving this?

jonesMUFCforever

For now forget S75 but initiate a chargeback stating the amount was unauthorised.
Show the card company the amount you agreed to pay.

bris

You need to wait as a S75 claim isn't a money back guarantee.


There needs to be a breach of contract so now the CC will contact UPS and get their side of the story. UPS will need to provide evidence that the bill is indeed correct, if they do nothing the S75 claim will succeed.


I suspect that there are claiming your sizes were wrong so your original purchase was void and they corrected this and took the correct payment. it will come out in the course of the claim.

bris

jonesMUFCforever wrote: »

For now forget S75 but initiate a chargeback stating the amount was unauthorised.
Show the card company the amount you agreed to pay.

Overlapped with my post, but the premise is the same, a chargeback is also investigated, banks don't just refund money on one persons say so.

chattychappy

The onus of proof is different. With an unauthorised transaction, the onus of proof is on the CC to prove that the transaction was authorised rather than on the cardholder to prove it wasn't. I believe they are supposed to refund/suspend the charge whilst they look in to it. Of course chargeback is the means by which they can usually recover the monies through the network and it is used for other situations too (eg goods not arriving).

S75 could also apply here, but with this it is for the cardholder to prove the breach (or misrep).

I think I would start by claiming that the charge was unauthorised and see where it goes. The OP does say:

bbarroso wrote: »

Just to clarify both these payments were taken, it wasn’t an additional charge to the original consignments.

so it should be a case of disputing the extra payments.

meer53

Sounds as though UPS decided your packages differed from your quote when they collected them so you need to pay the difference ? Did UPS confirm the price you had to pay or did they give you estimated prices ?

chattychappy

meer53 wrote: »

Sounds as though UPS decided your packages differed from your quote when they collected them so you need to pay the difference ? Did UPS confirm the price you had to pay or did they give you estimated prices ?

Yes, perhaps the OP can clarify. I read it that s/he was charged the original amounts agreed online and then charged again according to revised invoices, rather than being charged an extra/supplement. I'm guessing the T+Cs include provisions for applying extra charges in the case of overweight, oversize, recipient not paying customs duties/VAT etc.

As an aside I recently helped a friend who had a billing issue with UPS. UPS couldn't/wouldn't sort out on the phone. They got charged back and then sued my friend. They were still impossible to deal with and the claim was poorly written. We never could understand the basis of the amounts charged. The court agreed - we had it struck out without a hearing and that was the end of the matter.

bbarroso

The original consignment was billed and invoiced and there is no deduction from the invoice received trough the post. As I mentioned, these were isolated cases: UPS cannot see the online transaction linked to the tracking number.

Ill call my card issuer and explain this was an unauthorized transaction, that probably is more accurate than a section 75.