Missing phone in delivery

Michael74

Just spoken to my CC company, they did it as a dispute (the value is £170.00 though), the seller has 30 days to fight it.
"But if it is and co provide proof of a signed for delivery. Then its a lost cause"
I disagree, I have told the CC company I signed for it.  As I have said up thread, the buyer can't be held solely responsible for fraud, what if there was a conspiracy in the sellers werehouse to put a piece of wood in the parcel and post that instead of a phone, the box would be fully intact and sealed, does that mean because I have signed for it, tough luck?  No.... and the VISA chargeback system allows for that,  My CC has said with the evidence (including a statement that the box was signed for) they believe it to be a valid claim.  I have proved the seller has not done enough in respect to investigate this matter fully or communicate with me in respect to this matter... 

DoaM

I thought you raised a S75 claim? Have the CC company actually handled it as a Chargeback? (A chargeback can still be reversed, a S75 claim once approved cannot).

Michael74

DoaM said:

I thought you raised a S75 claim? Have the CC company actually handled it as a Chargeback? (A chargeback can still be reversed, a S75 claim once approved cannot).

Yes I did it as a S75 but they did it as a Dispute(not sure why), yes as I said in my last post the seller has 30 days to fight it, but up to now the seller has not shown any evidence that they have done anything more than send polite emails.

born_again

Who is your card with?
As retailer will reject with signed for deliver most likely and that £170 would then be redebited. We have had claims rejected when a empty box was sent on the basis it was signed for. 
As I said Visa regulations are over and above your consumer rights. So visa work to their own rules. On non receipt proof of signed for is top trumps.
This is my bread & butter. If we were told that the package was signed for and did a chargeback for non receipt. We would be getting a right kick up the backside.

Unless they are doing a different chargeback. They could be trying misrepresentation. But that is a very weak chargeback and easily wormed out of.

I really do hope you are successful  
If it does get rejected because it was signed for then raise it as a complaint on the basis of what you were told. Call center staff often say the most stupid things to customers when hearing a story. Then when we get it we then have to tell the customer sorry and find the idiot who gave the wrong advice....

Michael74

Nationwide, and I just realised its Mastercard, the form and paperwork went to the disputes section, I didn't do the claim over the phone.  As I have said, I sent the CC the same paperwork as I sent the seller requested to supposedly investigate the missing item, including all emails, which includes a statement confirming the package was signed for but the phone was missing, as well as a report filed with the police listing it as missing in transit.  The CC company (the department that deals with disputes etc, not the main call centre) told me that the money is in my account and I am free to do what I wish, but the seller does have 30 days to fight it.  I will just leave the money in the CC account and see what happens.....

born_again

Thanks.
Fingers crossed they do not dispute.
Disputes team will also deal with S75 at a guess in the 1st instance (we do) it then goes to the team that look at the information and they will refer to legal if there are any queries over it.

tonyhender

I think your wife took the phone it's obvious.

Michael74

tonyhender said:

I think your wife took the phone it's obvious.

If only she was that sensible, she prefers Apple, the phone nicked was an Android... There is no helping her 

Michael74

born_again said:

Thanks.
Fingers crossed they do not dispute.
Disputes team will also deal with S75 at a guess in the 1st instance (we do) it then goes to the team that look at the information and they will refer to legal if there are any queries over it.

Well 30 days later, no dispute

born_again

Michael74 said:

born_again said:

Thanks.
Fingers crossed they do not dispute.
Disputes team will also deal with S75 at a guess in the 1st instance (we do) it then goes to the team that look at the information and they will refer to legal if there are any queries over it.

Well 30 days later, no dispute

Nice one.