Charge back under Section 75 help

ssa007

Hi All,
Would be grateful if you can help me with my problem below.

Recently(26th June 2018) I ordered a pair of spectacles from an online retailer called Perfect glasses co uk. I paid a total of £169.90 for the frame + prescription. The payment was made online on the merchants website through my credit card and after a couple of days it reflected on my credit card statement as 'PAYPAL *PERFECTGLAS'.

Since I didn't not hear back from this retailer so I sent an email to them via their website contact form on 1st July. On the 3rd of July I got a email from them saying the following

**"We have checked your order with our laboratory and found the same are in process.
We expect the glasses to be dispatched in 3-4 working days."**

So I waited until 10th July to see if I get any dispatch confirmation email with a tracking code. But unfortunately I didn't get it. So I email them back on the 10th asking for the status again.

On the 11th I got a reply as below

**""We regret to inform you that the Empire Ih1015 Silver frame you have
selected was found damaged, unfortunately, this was the last frame in
stock. You can browse through our website and select another frame
worth the same value and get back to us with your choice; you will come
across a lot of other similar frames.
In an unlikely event, if you do not like any other frame/s, you can
contact our Customer Service Team to check for similar frame/s or
alternative options."***

On 12th I replied to they're email saying
***"I've had a look at your website and I was particularly interested in the one which I ordered initially. But unfortunately since that's not available are you able to refund the amount? "***

I hadn't had a reply since and hoping to get a reply next week probably.

My question is if the seller doesn't agree to provide a refund and forces me to choose another frame, which I don't want to, can I claim a charge back on this item?

Many thanks for any help regarding this.

PS: I've checked company house for the details regarding this company but it has been dissolved in 2012 and is no longer a UK registered company. Looking at some of the customer reviews on trustpilot I gather the impression that this company is being operated from overseas probably India.

Best wishes
Ssa007

LadyDee

Why not just open an Item Not Received case in Paypal? No need to go into any fine details - the company can't prove you've received what you've paid for so you are entitled to a refund.

ssa007

Hi many thanks for you response.

I do not have a pay Pal account but I can open one quickly. Also how can I open a item not received case with PayPal without knowing the sellers PayPal details?

Thanks

boo_star

ssa007 wrote: »

Hi many thanks for you response.

I do not have a pay Pal account but I can open one quickly. Also how can I open a item not received case with PayPal without knowing the sellers PayPal details?

Thanks

I'm almost certain that opening an account after the fact won't let you open up an INR case. In this instance PayPal have operated purely as a payment processor and you have no relationship with them.

You'll need to start a chargeback with your bank, but you'll need to make it clear that PayPal were merely the payment processor for this transaction as they'll likely tell you that they can't initiate a chargeback as soon as you mention PayPal. This is true when you sign into a PayPal account before making the payment but not when you select the "Pay by debit/credit card" option.

LadyDee

The entry in your statement clearly shows it was a Paypal transaction? Did you make a guest payment using Paypal on the seller's website? If the payment was processed through PP then that is your first avenue of claim. What email receipts for your payment have you received?

theonlywayisup

If you paid by guest, then you need to ring Paypal and ask them to open a case for INR (item not received) on your behalf.

Opening a Paypal account now will NOT allow you to open a case for this transaction.

unholyangel

Contact your card company about a section 75 claim (and make sure its through as a section 75 claim and not a chargeback).

A section 75 claim is backed in law and gives you the same claim against the card company that you have against the retailer, a chargeback is only done under visa & mastercards own policy and same with paypal, its paypals own policy - although I'm not convinced they'd offer any help in this situation as they have no contract with you and seem to have just acted as a merchant acquirer.

ssa007

I paid online via the vendors website using my credit card. And no where does the vendor mention that buyers can pay by PayPal ... I am assuming that the payment processing tool that the vendor has incorporated in its online payment system is PayPal.

theonlywayisup

ssa007 wrote: »

I paid online via the vendors website using my credit card. And no where does the vendor mention that buyers can pay by PayPal ... I am assuming that the payment processing tool that the vendor has incorporated in its online payment system is PayPal.

Then as per the post above yours. You need to contact your card provider.

Don't muddy the waters by mentioning Paypal.

theonlywayisup

Just to add, they don't appear to have an address on their website nor do they adhere to UK legislation regards distance sales. A quick Google search (leading back to MSE) suggests they are in India. That doesn't necessarily indicate anything bad but it may suggest your card provider will be the only course of redress.

ssa007

Hi All,

Many thanks for all your input. It was indeed very helpful. Based on the suggestions I am going to write to my Bank to issue a refund under section 75, On my bank statement the venders footprint has come in as 'PAYPAL *PERFECTGLAS' . I believe mentioning this in the letter would straight away void any claims.

Any help drafting a letter/rewording using the MSE Section 75 letter template would be helpful.

Thankyou.