Advice on Chargeback

Herbalus

I have a question regarding chargeback and the circumstances in which it can be used.

The scenario is an online debit card purchase for £450, and the purchaser then discovers reviews of the website that make them regret their decision to buy from that particular supplier. The reviews include non-delivery of goods, not being contactable, and shoddy service i.e. a cowboy outfit. The company look very similar to other companies that went bust and then sprung up again in different guises.

The purchaser then tries to contact the company to cancel the order, 4 days after making the purchase. Transaction appears on the bank statement on day 1. There's no luck getting in contact with the website so unable to cancel order. Emails not answered, phone not picking up.

What is the advice in this situation? I was under the impression a chargeback was for when a contract had not been fulfilled, so faulty goods etc, or non-delivery. I don't suppose you can claim non-delivery if it's only 4 days after ordering, but if you can't contact the company?

Or is it as simple as buyer remorse and hope the goods turn up?

dj1471

No grounds for chargeback (yet).

Most retailers can't actually cancel orders before dispatch. Chargeback can be used if/when the goods don't arrive or if the retailer refuses to allow cancellation once delivery has taken place (assuming they're UK-based and it's something for which cancellation is allowed under the CCRs).

SevenOfNine

We had to wait until goods failed to arrive. There hadn't been an exact delivery date & several items made up the order, I only discovered one thing was out of stock after I'd placed the order - then was told they only send out orders when they are complete, even though none of the 'components' were dependent on each other, (keeping delivery costs down then I presume).

When the missing item came 'in stock', they said one of the other things had gone out of stock! I couldn't believe it, this happened 3 times. They weren't reserving what they had for me, then completing my order when anything missing came in stock! I could be waiting forever at that rate.

After a few days all I got was an answerphone, & no responses to my emails, so I wrote giving them a short timeline for delivery of the complete order (tracked post) or full refund.

When that elapsed I did the chargeback, sent all the evidence of emails, letter, & log of calls (time, dates etc, though no hard evidence of that I considered it may add weight).

The chargeback money came through extremely fast..........but a few weeks later the company refunded me as well. The bank took their refund back which is fair enough.

Herbalus

dj1471 wrote: »

No grounds for chargeback (yet).

Most retailers can't actually cancel orders before dispatch. Chargeback can be used if/when the goods don't arrive or if the retailer refuses to allow cancellation once delivery has taken place (assuming they're UK-based and it's something for which cancellation is allowed under the CCRs).

Thanks. I think this is what I suspected.

Retailer says they are UK based, but it's actually registered in Ireland. It's that sort of shenanigans that has the purchaser quite worried. Goods are bicycle parts, and some people online have said they paid money and then didn't hear anything from the retailer at all. No notice of shipping, nothing.

You mention the CCRs also - this was a purchase on a business debit card so I suspect CCRs don't apply here.

dj1471

Ah... If it's a business purchase then there's no right to cancel unless allowed by the T&Cs. Chargeback can still be used if the order doesn't arrive.