Chargeback warning

epm-84

A lot of people have been posting on here that they've seen their accounts credited almost instantly after starting a chargeback claim.  I too experienced that after I disputed the lack of a refund from Brussels Airlines for a cancelled flight with Starling.  However, almost 45 days after starting a claim I received a notification that Brussels Airlines had disputed the chargeback claim.  What I was more surprised to see is the date of their correspondence (from Brussels Airlines) was 7 days after my original claim was started and they sent pages and pages through but it's all their generic terms and conditions with a short paragraph added at the start saying customers have been offered a choice of an alternative flight or voucher.  This was despite in my original claim I stated how I tried to get a suitable alternative from their customer service team and they had been unable to offer one and even asked if they should process a refund request.  

So what I thought I'd warn others of is:
1. Apparently to dispute a chargeback claim all the retailer has to do is to send over a generic response which doesn't address specific points relating to why you have requested a chargeback.
2. The bank might have the retailer's dispute for weeks before passing it on.  Perhaps the number of pages the airline sent over caused the delay and perhaps the airline knew that sending over pages and pages of their normal T&Cs (which apply to when a customer chooses to change their booking) would delay the process.

Nebulous2

It’s not clear what happened to your chargeback? Was it clawed back? Did you appeal it and reiterate your original reasons for asking for it? 

We are in uncharted territory at the moment, in a game of pass-the-parcel with insurers, credit card companies and travel companies all trying to move responsibility on to someone else. You need to keep pursuing companies until you succeed. 

If you are unhappy with how your bank or credit card company has behaved you submit a formal complaint and then go to the ombudsman. 

jonesMUFCforever

Totally agree with above.

Thrugelmir

Chargeback isn't a dispute resolution service where the consumer automatically receives a refund. If it were the system would be totally abused. Contractual terms cannot be ridden rough shod over either. Hence the volumes of paperwork sent in response. 

epm-84

Nebulous2 said:

It’s not clear what happened to your chargeback? Was it clawed back? Did you appeal it and reiterate your original reasons for asking for it? 

Starling have said if I do not provide a further response in the next 8 days (the 45th day from when Brussels Airlines disputed the chargeback) then the credit I received will be removed from my account. I will be appealing it.

epm-84

Thrugelmir said:

Chargeback isn't a dispute resolution service where the consumer automatically receives a refund. If it were the system would be totally abused. Contractual terms cannot be ridden rough shod over either. Hence the volumes of paperwork sent in response. 

Agreed but I would expect the retailer to send relevant paperwork.  I wouldn't expect a physical goods retailer to send their exchange policy in response to a chargeback relating to non-delivery of an item, as would be irrelevant.

Galloglass

 I will be appealing

Who to?

Within the EU, there is an ODM (online dispute mediation). There are details on how to do it in the passengers' rights page. 

As well as this, contracts are bilateral. Did you unilaterally cancel the flight or did they not fly and your contract was "frustrated"?

See what they say you could have done about the flight

https://www.brusselsairlines.com/en-be/misc/passenger-rights-information.aspx

I would expect the retailer to send relevant paperwork

Terms were on the site. As part of the process of modernising contract law, they've come up with the idea of a "clickthrough" contract. Google it.

epm-84

Galloglass said:

 I will be appealing

Who to?
Contracts are bilateral. Did you unilaterally cancel the flight or did they not fly and your contract was "frustrated"?

To the card issuer in response to the airline's response, as per the chargeback process.

The airline cancelled the flight I booked and offered me an unsuitable alternative.  They said if the alternative wasn't suitable I was to contact them to discuss my options.  A member of their staff told me the options were to change to another flight on any route on any date or to request a refund, meaning the information the airline has said in response to the chargeback claim contradicts what the airline has previously said.  Their response also refers to me asking to change the date of the flight - that is a lie and the evidence I submitted confirms that is incorrect as I categorically told them a suitable option must be for the same date as I originally booked.  Anyway the point is the airline can submit any old !!!!!! in response to a chargeback claim just to slow down the process and it's something I thought all the people saying how quick the chargeback process has been (as they've had a credit on their account) should be aware of.

Galloglass

I think you may struggle with the card issuer was my point. They are not a dispute resolution organisation so you'd most likely need to use the ADR/ODM route as suggested.

However when I had an issue last year, HSBC did refund when the supplier [fraudulently] rebutted my request as the hassle was probably not worth it for them. 

Interested to see how you get on as Easyjet have been fantastic with the 3 flights I had. 

Nebulous2

epm-84 said:

Nebulous2 said:

It’s not clear what happened to your chargeback? Was it clawed back? Did you appeal it and reiterate your original reasons for asking for it? 

Starling have said if I do not provide a further response in the next 8 days (the 45th day from when Brussels Airlines disputed the chargeback) then the credit I received will be removed from my account. I will be appealing it.

Good. Let us know how you get on. Check the chargeback rules, clarify why your case meets them, and why the evidence provided by the other side doesn't alter that. 

Some companies appear to have dealt with chargebacks by refunding and then investigating, where others have done it in reverse. 

My own experience with Barclaycard was that it was a slow painful process. I received a temporary credit with nothing explaining its status, the process, nor the timescale. I submitted a formal complaint and to resolve that they agreed the credit was now permanent and would not be recalled.