Threatened with the police if I ask for a chargeback

Unadjusted

I feel out of my depth with this one and would really appreciate some advice:

I purchased a laptop last August which progressively became worse with random shutting down, failure to start up and eventually I had to return it. Curry’s took over six weeks from me sending it in to them deciding it wasn’t fixable due to a faulty motor board. When I got the replacement, I started noticing the same issue and contacted them to say it wasn’t working before my warranty expired in August (only just got it back a few days before the warranty ended.)

Unfortunately, I needed the laptop to finish my dissertation and, so I put up with turning off and on etc until I had finished my course. I mistakenly thought I had another year of the warranty because the laptop was replaced with a new one.

I then found out that despite not having a warranty I should still be entitled to a refund under my consumer rights with a deduction for the time I’ve used the laptop which is fair enough. However, I need a report to say that there is a manufacturing defect and the issue is all the computer repair shops have told me that it’s virtually impossible to tell if the problem with the laptop if a defect or has come about later and whilst they suspect it’s a manufacturing defect they can’t write a report when they’re not 100% sure.

I tried to explain this to Curries and was told that I am out of luck I then said I might have to issue a chargeback because as I paid with credit card I have additional protection when it comes to faulty goods.

The manager explained if I did so they’d refuse my return of the laptop when I send it to them and they inform the police, action fraud and report me to eBay and PayPal as they regard it as fraud.

Does anyone know if I can argue that it should be repaired under warranty as I did contact them before my warranty expired especially as they only gave me a replacement a few days before the warranty expired?

Is it fraud to ask my bank for a chargeback? Surely as I am not doing this out of any malicious intent and simply to force them to refund a faulty laptop it’s not a crime.

CoolHotCold

A Warranty is in addition to your consumer rights.

Ignore the warranty, thats probably expired. If you purchased it from the Currys Ebay shop then your consumer rights are with them.

If you can not find a repair agent willing to state that the fault is inherent, then you don't really have any sort of comeback. A Chargeback is not valid as your consumer rights have not been broken.

You have to find a repair centre that will state that it is a inherent fault not caused by misuse. Without that, then you don't really have any claim against Currys Ebay, nor a valid chargeback claim against the bank.

DCFC79

Pretty much the same thread you started the other day

https://forums.moneysavingexpert.com/discussion/5736383

Unadjusted

DCFC79 wrote: »

Pretty much the same thread you started the other day

https://forums.moneysavingexpert.com/discussion/5736383

I received some excellent advice in that thread and then used that information to contact Curries again and unfortunately, I've hit another dead end.

stuartJo1989

There are a few people on here who could give you a legal definition of fraud etc, citing cases and everything, but I don't think it could be considered fraud if you believe you have reasonable grounds to do it! The manager sounds like a bit of a hot-head whose back was up at the time (like he'd have any control over the company bank accounts and pending chargebacks!! They pay specialist people to do that sort of thing).

With the chargeback you'll also have to count on:

1. The Credit Card Company agreeing that you have a valid reason to issue the chargeback. They might just outright decline it.

2. The retailer not disputing the chargeback. They will almost certainly dispute it and win, due to lack of evidence on your end.

So I would certainly speak to your CC company! There's absolutely no harm in that, more so if you are open and upfront (when you start lying you run the risk of possible fraud). See if they can help you.

You also have every right to take the retailer to small claims court. This involves a small fee (reimbursed if you win) and you may need evidence (that's a recurring theme here btw, same goes if you approach the CC company) by way of a fault report. If you win though you've basically got a rubber-stamp on your case and either the retailer or CC company will be compelled to resolve it.

But the bottom line is this fault report.... You need one, and that might involve taking it to another shop etc. If nobody is writing you a report to that effect then you are probably out of luck I'm afraid!

Unadjusted

I spoke with my CC which is Nationwide and they were brilliant! Can't recommend them enough. They were happy enough to process the chargeback today and were flabbergastered that Curries would threaten me with the police.

I've told them I'll attempt one more time to resolve this with Curries though as I can't help but feel a bit alarmed about their threats. The manager argued that it was actually an automated system that would request a member of staff to make all these reports if I proceeded with a chargeback.

Unadjusted

CoolHotCold wrote: »

A Warranty is in addition to your consumer rights.

Ignore the warranty, thats probably expired. If you purchased it from the Currys Ebay shop then your consumer rights are with them.

If you can not find a repair agent willing to state that the fault is inherent, then you don't really have any sort of comeback. A Chargeback is not valid as your consumer rights have not been broken.

You have to find a repair centre that will state that it is a inherent fault not caused by misuse. Without that, then you don't really have any claim against Currys Ebay, nor a valid chargeback claim against the bank.

Thanks that's really useful to know. I might have to keep looking for a computer reapir shop who're better equpped to work out the cause of the fault. Does it help that loads of other users report the same faults with this particualr model?

stuartJo1989

Unadjusted wrote: »

I spoke with my CC which is Nationwide and they were brilliant! Can't recommend them enough. They were happy enough to process the chargeback today and were flabbergastered that Curries would threaten me with the police.

Cool! But this is not a guarantee that the chargeback will be upheld.... If Currys dispute it then you may not get the money back. That will leave you facing small claims court action to get an official position on who is/isn't liable.

I've told them I'll attempt one more time to resolve this with Curries though as I can't help but feel a bit alarmed about their threats. The manager argued that it was actually an automated system that would request a member of staff to make all these reports if I proceeded with a chargeback.

Tbh I'd probably just leave it now. In all honesty there's a possibility that your chargeback may go through by virtue of Currys being incompetent and not noticing it!

I'd just ignore the stuff the manager is saying. In all honesty they are probably talking about some performance report they hand out to the staff showing how many chargebacks etc were done. They were probably just !!!!!!!! you up because every chargeback reflects badly on the manager!!

Besides, you think the police will be arsed about investigating this?! You've had good dialogue with Currys, you've been honest with the CC company. Compiling a fraud case would be very difficult, even if you WERE frauding them.

lincroft1710

I am certain that if you attempt a chargeback, Currys will inform the police who will immediately send 2 patrol cars with sirens blaring and all blue lights flashing to your home address where they will park in the road at odd angles, blocking it.

I am also certain that there are little green men on Mars and that the moon is made out of Wensleydale cheese

marcarm

lincroft1710 wrote: »

I am certain that if you attempt a chargeback, Currys will inform the police who will immediately send 2 patrol cars with sirens blaring and all blue lights flashing to your home address where they will park in the road at odd angles, blocking it.

I am also certain that there are little green men on Mars and that the moois made out of Wensleydale cheese

OP, take no notice of this poster, this is absolutely preposterous.
















Everyone knows the moon is made out of Gorgonzola

KeithP

Unadjusted wrote: »

...I need a report to say that there is a manufacturing defect and the issue is all the computer repair shops have told me that it’s virtually impossible to tell if the problem with the laptop if a defect or has come about later and whilst they suspect it’s a manufacturing defect they can’t write a report when they’re not 100% sure.

All you need from the 'computer repair shop' is a report that confirms the problem, and states that in their opinion the problem is due to a manufacturing defect.

This is not a criminal matter so being '100% sure' is not necessary.

This is a civil matter, and the burden of proof is somewhat less.
The report only needs to show that 'on the balance of probability' the issue is due to an inherent fault.

Unadjusted wrote: »

I tried to explain this to Curries and was told that I am out of luck I then said I might have to issue a chargeback because as I paid with credit card I have additional protection when it comes to faulty goods.

As mentioned on your earlier thread, you haven't told us the purchase price, but if it was over £100, as seems likely, the you would be far better chasing your credit card supplier for a remedy under Section 75 of The Consumer Credit Act.

S75 of CCA means the credit provider is equally responsible for performance of the contract, so is much stronger that a chargeback.

You say you bought the laptop 'last August'.
Is that August 2016 or August 2017?
As your warranty expired in August, I guess the purchase was made in August 2016.

If that's so, then a chargeback will fail simply because there is a time limit on a chargeback of 120 days following the sale.

I am surprised you have been offered a chargeback.
Have a read of MSE's Chargeback article for further details.

A claim under S75 of the CCA seems far more sensible to me.
Read MSE's Section 75 article for more details.

It is possible that a credit provider might prefer not to pursue a S75 claim, because they are equally liable for the remedy, whereas with a chargeback, it is the seller or the seller's bank that has to cough up the money.

If your credit card provider does not come up with the right answer you can always take your case to The Financial Ombudsman Service.