Chargeback Reversed due to timelength

MattMattMattUK

Sandtree said:

There are always options, if its cost effective to pursue is another matter... hence the need to do some digging. For a start, what legal jurisdiction applies to the transaction.

Transactions on Alibaba are covered by the Hong Kong legal system, however as the seller is often located in Mainland China there are added complications and it is almost impossible to launch, let alone win a legal case against a company in Mainland China, so in practical terms the Hong Kong jurisdiction only applies if your dispute is directly with Alibaba. 

Yahoo_Mail

WaftyCrank said:

Well have another read of their letter to get a better understanding. I simply contacted them to explain the issue and reverse the transaction which to their credit they did. However now it has come back to this. 

I'm not sure if a breach of terms has occurred since anyone can buy from wholesale websites as a sole trader using personal cards but its certainly a good point to make. 

Either way. Let's for a moment assume not breach of terms has occurred. Is there a way I can prevent this legally without this pushing me into potentially being bankrupt. Any advice very much appreciated. 

A sole trader is a business you know.  And I'd be very surprised if your card provider didn't include terms specifying it is for personal use only.

There is a maximum timescale for a chargeback and you were seemingly outside of that but as a sole trader you would still be entitled to S75 protection, but as eskbanker says unless the individual items had a value of over £100 (which is very unlikely) you would not be able to make an S75 claim.

WaftyCrank

Looks like I'm out of options here. I'll appeal to the credit card company and I'll contact the FCA. However I think my only option here may be a little more drastic. I'm hoping i can avoid that by sorting a low cost loan. 

Thanks for everyone's input. 

Sandtree

The FCA whilst the regulator for the customer side of financial services (-v- the PRA that is the financial stability) are not consumer facing. A complaint about a financial services organisation has to go to the Financial Ombudsman Service and they will only consider a complaint after the earlier of a final response from the organisation you are complaining about or 8 weeks have passed since logging your complaint.

eskbanker

WaftyCrank said:

Looks like I'm out of options here. I'll appeal to the credit card company and I'll contact the FCA. However I think my only option here may be a little more drastic. I'm hoping i can avoid that by sorting a low cost loan. 

Thanks for everyone's input. 

Your card company clearly has no liability here, so continuing to pursue them, or any financial industry body, is a waste of your time and theirs IMHO, especially if you've been breaching the card's Ts & Cs....

MEM62

WaftyCrank said:

Looks like I'm out of options here. I'll appeal to the credit card company and I'll contact the FCA. However I think my only option here may be a little more drastic. I'm hoping i can avoid that by sorting a low cost loan. 

Thanks for everyone's input. 

Maybe not a wise course of action.  The sum you are talking about suggests that this may have been a commercial transaction and, although other posters have questioned this, I cannot see that you have confirmed one way or the other.  If it is you were breaching the card's T's & C's and pursuing that may result in you digging a deeper hole for yourself.  As for bankruptcy, that would be a very drastic solution for a £12K problem that would have an impact on you for many years to come.  .