Missing phone in delivery

Michael74

They seem to have a couple of Trust Pilot entries, the one I read wasn't as bad as the one posted up thread.  I emailed them yesterday and got a prompt polite reply saying its been escalated urgently to Logistics (as per the reviews), I think I will just go straight to my CC company and go down the Section 75 route 

born_again

Michael74 said:

 I think I will just go straight to my CC company and go down the Section 75 route 

Good luck with that as the delivery was signed for.
CC will look at this in just the same way as the company. You will have to prove the phone was not received.

Michael74

I submitted a Section 75 to my CC company and within the week have refunded me.

Michael74

born_again said:

Michael74 said:

 I think I will just go straight to my CC company and go down the Section 75 route 

Good luck with that as the delivery was signed for.
CC will look at this in just the same way as the company. You will have to prove the phone was not received.

Signing for a delivery does not absolve a seller of all responsibility, otherwise we would never be able to get refunds for faulty goods either.  Nor did the seller prove they have done anything else but send me polite emails saying they are investigating...  

The_Rainmaker

Michael74 said:

I submitted a Section 75 to my CC company and within the week have refunded me.

That may be overturned so you aren't out of the woods yet.

shaun_from_Africa

The_Rainmaker said:

Michael74 said:

I submitted a Section 75 to my CC company and within the week have refunded me.

That may be overturned so you aren't out of the woods yet.

As it's a S75 claim and not a chargeback, how could it be overturned?
As there was a successful S75 claim made against the credit card company, that CC company must have agreed that they were liable otherwise they wouldn't have paid out.
Whether or not they in turn manage to recover the money from the phone retailer is a different matter, one which places no liability on the OP.

DoaM

OP needs to confirm that the CC company treated it as a S75 claim and not a Chargeback. (It wouldn't be the first time this has happened, and an OP hasn't appreciated what the CC company has done).

born_again

Michael74 said:

born_again said:

Michael74 said:

 I think I will just go straight to my CC company and go down the Section 75 route 

Good luck with that as the delivery was signed for.
CC will look at this in just the same way as the company. You will have to prove the phone was not received.

Signing for a delivery does not absolve a seller of all responsibility, otherwise we would never be able to get refunds for faulty goods either.  Nor did the seller prove they have done anything else but send me polite emails saying they are investigating...  

While you are correct in consumer regulations. As far as a Visa Chqargback stands. Signed for is the end of the matter. It could be a brick or empty box. As far as chargebacks go signature is retailers cop out as that is proof of receipt. 

Michael74

born_again said:

Michael74 said:

born_again said:

Michael74 said:

 I think I will just go straight to my CC company and go down the Section 75 route 

Good luck with that as the delivery was signed for.
CC will look at this in just the same way as the company. You will have to prove the phone was not received.

Signing for a delivery does not absolve a seller of all responsibility, otherwise we would never be able to get refunds for faulty goods either.  Nor did the seller prove they have done anything else but send me polite emails saying they are investigating...  

While you are correct in consumer regulations. As far as a Visa Chqargback stands. Signed for is the end of the matter. It could be a brick or empty box. As far as chargebacks go signature is retailers cop out as that is proof of receipt. 

As you rightly say "a cop out" can be proof of delivery but a piece of evidence they (the seller) have to produce to fight a dispute with Visa  is "Any conversations with the customer, or any other evidence that the merchant fulfilled the transaction"....  The conversations with me were nothing more than, "its been escalated to our logistics Department......"   It is incumbent upon the seller to ensure that the method of delivery was fit for purpose, the buyer cannot be responsible for fraud happening during transit and in this case the seller has provided no evidence that they have thoroughly investigated this matter with their delivery partners. As posted up thread, this company seems to suffer quite badly from thefts in transit.

I made a Section 75 claim, the refund is showing as a "Dispute Adj", I assume I will be getting a letter outlining the nature of the refund and any conditions attached, however I would have assumed that as it is a credit and is showing as a positive balance (i.e not pending etc) then it has been successful, I will update once I get confirmation from my CC company. 

born_again

Sounds very much like a dispute given the description.
But if it is and co provide proof of a signed for delivery. Then its a lost cause. Yes you have your consumer rights. But that is not via Visa. That is for you to take them to court over.
Visa just like a customer to have tried to resolve the matter with a retailer 1st. Not often they require actual proof of this. It's just a tick box on the form that goes to visa and what method.
Don't know how much the phone was. But if it is a S75 then I would guess that CC have just decided to pay you. As they will not take a retailer to court. Even when you are talking thousands.

Hope it goes well as these situations are a real pain.