Sports Direct and Click & Collect

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  • eschaton
    eschaton Posts: 2,024 Forumite
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    Your biggest mistake was buying from fat mike in the first place.
  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    faisalpak wrote: »
    Yes, have raised a dispute with Card provider but what are the chances of success? With whom is the burden of proof?

    Burden of proof for your type of dispute lies with the merchant. I’m sure you’ll get it sorted, it’s as simple as disputes get.
  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    whitepaper wrote: »
    Before the matter comes to a hearing, the judge will order disclosure.
    So whatever evidence the supplier is hoping to rely upon to defend this claim will need to be disclosed. Often, when ID is requested (other than only for proof age) the supplier will take a note of something specific relating to the ID, such as a card number, a drivers number or the account number of the utility bill.

    If those match with you, it would, on the balance of probablilty and in the absence of any contrary evidence, suggest that it was your ID that was indeed used.

    If the store has CCTV, then that could also be used to assist in proving the goods were handed over. So far, Customer Services would have no idea what you look like, so there would be no reason to deliberately withold such footage from you .

    You should ask to review footage from the store. Perhaps if you report the apparent fraud to police, they could obtain the footage (as they would be interested to see if they could identify the perpetrator).
    Otherwise, I know you have [STRIKE]verbally[/STRIKE] requested [edit: via web chat] that CS review the footage, but I would urge you to out that in writing. Then if they fail to supply the footage for the court to see, that too would raise questions by the court as to why, again to your advantage.

    You may need to act quickly, as CCTV footage may not be be retained for very long, unless there has been a specific reason to do so.

    What a pile of utter nonsense. I fail to see what you bring to any thread related to chargebacks and section75.
  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    eskbanker wrote: »
    I'd agree that the root cause is probably some sort of admin error or human carelessness, but that wouldn't constitute fraud, which is all about intentional deception! The F word frequently gets bandied about unnecessarily on here and is rarely helpful....

    Agreed. Common sense as always
  • 18cc
    18cc Posts: 2,120 Forumite
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    Yes agree totally with the above - for the sake of £19 or whatever it is much much more likely to be an administrative mess up than someone pretending to be the OP and using their ID to collect some order

    That said probably the best route is to complain again to Sports Direct as I believe from a credit card point of view it has to be over £100 to claim although someone will probably correct me
  • jonesMUFCforever
    jonesMUFCforever Posts: 28,898 Forumite
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    18cc wrote: »
    Yes agree totally with the above - for the sake of £19 or whatever it is much much more likely to be an administrative mess up than someone pretending to be the OP and using their ID to collect some order

    That said probably the best route is to complain again to Sports Direct as I believe from a credit card point of view it has to be over £100 to claim although someone will probably correct me

    Not quite - to get S75 cover the product or service has to be between £100 and £30k.
    Having said that you can certainly claim for goods not received whatever the value.
    From the credit card's point of view they may give you the £19 without too much trouble or investigation because let's be truthful it will cost them a lot more to carry out any investigation.
  • Ben8282
    Ben8282 Posts: 4,821 Forumite
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    I tend to agree that it is much more likely to be some sort of error on the part of the Sports Direct staff than deliberate fraud by them.
    If somebody other than the OP went to collect, then thy must have had knowledge of the order and presumably an order number or reference and some valid ID belonging to the OP. We don't know the age and social circumstances of the OP so we don't know if this is credible for such a low value item or not.
    Court action has been mentioned. If the OP were to instigate some sort of court action. it defies belief that Sports Direct would actually bother defending such a low value claim and the OP would probably obtain judgement against them by default.
    I think OP needs to dispute the transaction with the card provider; goods not received seems reasonable enough and see what happens. A word of caution though.If the OP did in fact send a friend with their ID to collect with the deliberate intention of going themselves later and hoping to get a second free pair of trainers out of it, it would be first party fraud.
  • faisalpak
    faisalpak Posts: 52 Forumite
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    Thank You everyone for your contribution and help.
    Just to update you all, I provided all the communication history and call records to Credit Card provider and they have now refunded the money back to my card. The letter says that they will directly deal with SD in order to claim the money and that there is no action for me.

    I am assuming this brings the end of it.

    Thanks again for your support. Frankly £18.98 is not a big deal for me, but the point was about unfairness and cheating from them.

    Cheers
  • dresdendave
    dresdendave Posts: 889 Forumite
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    faisalpak wrote: »
    Thank You everyone for your contribution and help.
    Just to update you all, I provided all the communication history and call records to Credit Card provider and they have now refunded the money back to my card. The letter says that they will directly deal with SD in order to claim the money and that there is no action for me.

    I am assuming this brings the end of it.

    Thanks again for your support. Frankly £18.98 is not a big deal for me, but the point was about unfairness and cheating from them.

    Cheers

    Glad it's been resolved. However as you are unaware as to what actually happened, it may well be that they have been cheated, although that's no longer your problem.
  • Ergates
    Ergates Posts: 2,108 Forumite
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    eskbanker wrote: »
    The idea that somebody would carry out a deliberate fraud for £18.98 worth of goods that will inherently only fit a small proportion of the population seems far-fetched so it seems far more plausible to me that Sports Direct have inadvertently messed up their records....

    Nail. Head. Hit.

    Though the idea that the highly trained and highly motivated Sports Direct staff would ever make a mistake baffles me somewhat.
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