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£7,000 chargeback denied

135

Comments

  • SnowTiger
    SnowTiger Posts: 4,465 Forumite
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    OP can plead their case to the Financial Ombudsman Service (FOS) after making a complaint to the card issuer and receiving a 'deadlock' letter or waiting eight weeks.

    Probably worth a shot for £7,000.
  • born_again
    born_again Posts: 23,192 Forumite
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    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    Life in the slow lane
  • ThumbRemote
    ThumbRemote Posts: 4,755 Forumite
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    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
  • CKhalvashi
    CKhalvashi Posts: 12,134 Forumite
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    edited 11 February 2021 at 10:26PM
    ThumbRemote said:
    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
    However this won't help the OP if the contract hasn't been breached, which it looks like it hasn't.

    Assuming it was clear that the payment was to a non-UK company, the laws of that country will stand, which in terms of the US is the terms and conditions in cases like this.
    💙💛 💔
  • born_again
    born_again Posts: 23,192 Forumite
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    ThumbRemote said:
    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
    And S75 works on what basis?
    Breach of contract of misrepresentation :)


    Life in the slow lane
  • MattMattMattUK
    MattMattMattUK Posts: 12,431 Forumite
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    born_again said:
    ThumbRemote said:
    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
    And S75 works on what basis?
    Breach of contract of misrepresentation :)
    As far as I am aware S75 does not apply UK law to non-UK transactions, unless I have missed something?
  • Sandtree
    Sandtree Posts: 10,628 Forumite
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    MattMattMattUK said:
    born_again said:
    ThumbRemote said:
    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
    And S75 works on what basis?
    Breach of contract of misrepresentation :)
    As far as I am aware S75 does not apply UK law to non-UK transactions, unless I have missed something?
    I think you end up with an odd blend because the "does CCA S75 apply" would be tested under English Law but the "Is there a breach of contract" would be tested under NY law (or whichever state the contract was bound under)
  • born_again
    born_again Posts: 23,192 Forumite
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    MattMattMattUK said:
    born_again said:
    ThumbRemote said:
    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
    And S75 works on what basis?
    Breach of contract of misrepresentation :)
    As far as I am aware S75 does not apply UK law to non-UK transactions, unless I have missed something?
    Where the company is based make no difference. UK or Non UK they are all treated the same. Or at least we do. Can't say other banks will.
    Life in the slow lane
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    born_again said:
    MattMattMattUK said:
    born_again said:
    ThumbRemote said:
    born_again said:
    macman said:
    Great shame you didn't pay it on a credit card instead.
    Given the retailer contested the chargeback with services provided as described, so not breached the contract. What do you think the card co would say?
    On a credit card they would have section 75 protection, meaning they could take the card issuer to a UK court.
    And S75 works on what basis?
    Breach of contract of misrepresentation :)
    As far as I am aware S75 does not apply UK law to non-UK transactions, unless I have missed something?
    Where the company is based make no difference. UK or Non UK they are all treated the same. Or at least we do. Can't say other banks will.
    So you apply the CRA,for example to purchases from the USA despite those laws clearly not applying?
  • born_again
    born_again Posts: 23,192 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Sandtree said:

    So you apply the CRA,for example to purchases from the USA despite those laws clearly not applying?
    No S75 is based on Breach of contract or Misrepresentation.

    So no matter where it is in the world, these are just the same.
    Life in the slow lane
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