Section 75 rejected - bank say I need to pursue my

suzie_q

I bought a Gopro camera for my son's Xmas present. It was delivered to a UPS access point but when I went to collect it I found that it had been re-collected by UPS three days after being delivered there. I contacted UPS who advised that the parcel had been recalled by GoPro even though UPS had updated their tracking information to say that I had refused the parcel - which I had not.

The tracking information shows the parcel was delivered back to GoPro in the Netherlands on the 1th December.

I had a fruitless email conversation with UPS to try and find out why their tracking information said that I had refused the order, but they would not engage and said that I needed to deal with GoPro as they were the shipper of the order.

Since then I have been contacting GoPro by phone and email to chase a refund without success. Every operator I speak to tells me something different.

I requested escalation of the issue to a supervisor after which I received an email to say I would receive a refund in ten days. This did not materialise and so I contacted them again, only to be told they were still investigating the matter and the promise of a refund was 'mis-information'. I followed up with a phone call and was advised to submit a formal complaint via email - I did this and received another yet another email advising they are still looking into my case.

They are unwilling to tell me exactly what they are investigating.

They have my money and my order and have had them both for two months now.

I paid via credit card and so submitted a section 75 request to the bank together with evidence of my email conversations with UPS and GoPro.

However, the bank have replied today to say they can't help because GoPro have said they will refund and advise that I continue to pursue them myself.

Is there anything else that I can do?

Thanks.

DoaM

Ask the bank how they know GoPro will refund, because GoPro won't confirm that with YOU?

Raise a complaint with the bank regarding their handling of the S75 claim?

steampowered

Gosh, what a nightmare.

You could issue court proceedings against them using the moneyclaimonline service, if you can find an appropriate UK address. That would get their attention. You'd have to pay a court fee though.

You could send GoPro a formal 'letter before action' (or a formal email) threatening a court case if a refund is not given in 14 days, which may or may not get you results.

Gleeful

Was it actually an access point i.e. a shop or was it a locker? If I remember correctly the parcels are only held for 3 days then returned to sender

suzie_q

Thanks - the company is based in the Netherlands and so I think that may limit my options somewhat.

The card from UPS said that the parcel would be at the Access Point for ten days, but it was returned after three.

It is just so frustrating- I was hoping for a better outcome from the Section 75 request and cannot understand how they can take the view that GoPro are 'willing to assist with a refund' and that I need to pursue it further with them when they have promised me a refund within ten days once before only for it to not materialise.

I last emailed GoPro on the 1st Feb to request a timescale for their 'investigation' but have not received a reply as yet.

Ectophile

The quickest thing you can do is to follow DoaM's advice. Phone your bank and tell them you wish to make a formal complaint about they way they have handled the S75 claim.

unholyangel

Are you sure your bank processed it as a s75 claim and not a chargeback?

If it was definitely s75 then remind your bank they have joint & several liability (ie you have the choice of chasing the retailer, the card company or both. If they aren't playing ball, ask them if that is their final response and if so, can they send a letter of deadlock so you can refer the matter to the financial ombudsman.

agrinnall

Before trying to take court action I would try contacting GoPro on social media: @GoPro on Twitter or GoPro on Facebook. They are a very media savvy company and might well respond more positively there. Be polite, at least to start with.

suzie_q

Hi - I wasn't sure if a chargeback would be better having read a bit more about it today?

Re social media - whenever I have seen someone raise any issues on there, they just respond by directing to the customer service reps who I have been dealing with since the 20th December.

I emailed them on the 1st Feb but have not received a reply and so emailed again yesterday after the response from the bank but again have heard nothing.

unholyangel

suzie_q wrote: »

Hi - I wasn't sure if a chargeback would be better having read a bit more about it today?

Re social media - whenever I have seen someone raise any issues on there, they just respond by directing to the customer service reps who I have been dealing with since the 20th December.

I emailed them on the 1st Feb but have not received a reply and so emailed again yesterday after the response from the bank but again have heard nothing.

Sometimes chargeback can be better but this isn't one of them. Chargeback is reliant on your complaint fitting into pre-determined "reason codes" and is no more than your bank asking the merchants bank "please can our customer have their money back". The bank themselves have no liability.

Section 75 (as I mentioned above) is different as the card company have joint and several liability. Meaning if you have a claim (in law) against the retailer, you have the exact same claim against the card company.

suzie_q

Thanks for all your replies- I have just Googled the MasterCard reason codes for using chargeback and wonder if my case would meet reason 55 - Non-Receipt of Merchandise?

My order was returned from the UPS access point (it was a shop to answer another query above that I missed - sorry - the shopkeeper was turning his shop upside down looking for it) and so I have not received the merchandise that I ordered or been given a refund.

Or is it not that simple?!

Thanks for all your help - I have never had an issue like this before and so am learning about all this from scratch.