Cherrywood Cars- Visa Chargeback

Terry_Towelling

eco_warrior wrote: »

Two threads on the same thing?

Yes, one written from the perspective of the cardholder (mum) and one from the perspective of the daughter - both with the same username.

Are they trying to catch us out? I've responded to both.

eco_warrior

No harm done, just didn’t notice until I had replied to one, same as you

sheramber

http://uk.creditcards.com/credit-card-news/section-75-third-parties.php

When an item is registered to a name other than that of the cardholder.
Another instance that can catch credit card holders out is when goods are purchased on behalf of another person. For instance, a husband might use his credit card to pay for a new car for his wife, which is then registered in the wife's name. If something goes wrong with the vehicle, credit card companies can wiggle out of a Section 75 claim by accurately arguing that the purchase was made under a name other than that of the car owner.

BHan123

Sorry if the two posts are confusing- We are pretty clueless when it comes to things like this, and thought that the posts were different in what we are asking- attracting different people with different knowledge on either. One asks for clarification on the t&c's of section 75. This one relates to visa chargeback/other options seeing as section 75 is not applicable.

To add to this post, Section 75 claim was the first port of call for Sainburys and they did not offer or consider Chargeback. Whilst the claim was being considered, we received a letter from garage solicitor stating the car had been seized and would be auctioned of. The high court enforcement agents informed us that the company would go into liquidation. We were then 4-5 months into the process when sainsbury's rejected claim on the basis that it was a gift with not benefit to cardholder.

They then offered visa chargeback so we sent them the information and got a letter back of receipt of these documents. 3 months later (time is now up for chargeback claim), they have had no/little communication with us (only if we have chased it up) and claim to have not received the documents, despite us sending them recorded delivery twice and them returning the documents.

What can we do? We do not feel that they have acted swiftly, and now because of their lack of organisation/communication our chances of chargeback are jeopardised

Terry_Towelling

I'm not convinced by your explanation for splitting the thread in two. However...

If Sainsburys believe you had a Chargeback right in this case then, as I said before, they should have considered this in parallel with the S75 claim. It is inconceivable to me (with a history of working in a disputes/regulatory environment where the two issues were always handled side-by-side) that an issuer would separate the two.

If I were you, I'd ask them to confirm that the only reason for not being able to make a Chargeback is the time limit expiration and then hit them with your contention that they should have considered this alongside the S75 claim and their failure to do so means you have lost out.

Having said all that, I do not have enough information to know if a Chargeback truly was available and, between you, me and the gatepost, I very much doubt one was, but if they are prepared to confirm a right did exist, it can't hurt to try this tactic.

If you do get them to say the Chargeback window was missed whilst assessing your S75 claim you may have a good chance of getting the ombudsman to rule for you if it actually gets that far.

BHan123

Have I done something wrong? I did not realize two posts could not be posted nor do I feel I need to convince anyone of/ justify my reasoning for doing so.
I have no reason to lie of how this situation has played out, I am providing the information to which I have either experienced or has been relayed to me by Sainsbury's. I am asking for advice on a stressful situation, yet feel as though I am being judged for not knowing the etiquette of the forum.
Anyway, thanks for your help Terry. Hopefully all with be resolved soon.

Terry_Towelling

BHan123 wrote: »

Have I done something wrong? I did not realize two posts could not be posted nor do I feel I need to convince anyone of/ justify my reasoning for doing so.
I have no reason to lie of how this situation has played out, I am providing the information to which I have either experienced or has been relayed to me by Sainsbury's. I am asking for advice on a stressful situation, yet feel as though I am being judged for not knowing the etiquette of the forum.
Anyway, thanks for your help Terry. Hopefully all with be resolved soon.

You've done nothing wrong and it's nothing to do with forum etiquette. You did justify your reasons for splitting the post but my natural curiosity means I find it hard to understand your justification. If you're not happy with my scepticism, that is fine; you won't be alone in feeling that way about what I write. Apologies for any offence.

I still think your best tactic is to play on the ineptitude of a card company assessing a S75 claim independently of the Chargeback process. Card companies normally realise that their best option of recovering any loss incurred through a S75 claim is to shift the debt to the retailer's bankers by making a Chargeback.

I hope you get the issue resolved in your favour.