Bank requesting charge back refund back!

holz81

Strange thing happened...
We had flights which were cancelled last April.  
After 4 months of trying to get through to the OTA (customer services abroad and woefully understaffed - unable to get through to anybody who could help) I initiated a charge back request through my bank in August. I though that this was my last resort after 4 months of trying to solve it myself.
After 6 weeks, bank refunded me cost of flights, I thought that the matter was closed. I had no correspondence from the bank, other than the refund appearing in my account.
Almost 6 months later, I returned home this week to find a letter from the bank. It says that since my charge back request was made more than 120 days after initial purchase, they were basically changing their mind about the refund and would be debiting my account for the full amount the next day. (the refund money is already spent by the way, as I had no idea that this could happen) The bank will put me over my overdraft limit if they take the money, even though they said they will, it hasn't actually happened yet, and this will presumably incur charges. 
The amount that they propose to debit my account is roughly equivalent to a month's salary for me (just to give some context)
What do I do next? I have no clue! They could debit my account at any second, wiping out my month's income and have waited for a total of 3 hours on hold to the bank on the number they told me to call, without getting through to anybody!
Thanks for any advice!

[Deleted User]

Firstly a chargeback can and will be reversed if it is challenged. 

Secondly, When you say your flights were cancelled- did you receive official notification from whoever you booked with?  Or did you cancel yourselves?  What was actual date of travel, which airline? Who did you pay money to and when was it cancelled?

All relevant details to be able to advise further. 

ratechaser

Hold on... there is a 45 day deadline on chargeback reversals. Now I know that this is intended as a deadline for the merchant to dispute the chargeback rather than for the bank to say "oopsie, we shouldn't have charged back in the first place", but either way, they have presumably got the money from the merchant (OTA) in order to have reimbursed you. So after 6 months, how can they justify reclaiming the money from you on procedural grounds? The merchant is out of time, and it's the bank's error.

I'd be fighting this one.

[Deleted User]

ratechaser said:

Hold on... there is a 45 day deadline on chargeback reversals. Now I know that this is intended as a deadline for the merchant to dispute the chargeback rather than for the bank to say "oopsie, we shouldn't have charged back in the first place", but either way, they have presumably got the money from the merchant (OTA) in order to have reimbursed you. So after 6 months, how can they justify reclaiming the money from you on procedural grounds? The merchant is out of time, and it's the bank's error.

I'd be fighting this one.

Sorry - missed the 6 months!   

Thrugelmir

ratechaser said:

 So after 6 months, how can they justify reclaiming the money from you on procedural grounds? The merchant is out of time, and it's the bank's error.

You were out of time when you made the claim originally. 

sheramber

ratechaser said:

Hold on... there is a 45 day deadline on chargeback reversals. Now I know that this is intended as a deadline for the merchant to dispute the chargeback rather than for the bank to say "oopsie, we shouldn't have charged back in the first place", but either way, they have presumably got the money from the merchant (OTA) in order to have reimbursed you. So after 6 months, how can they justify reclaiming the money from you on procedural grounds? The merchant is out of time, and it's the bank's error.

I'd be fighting this one.

The bank made a mistake when they refunded as the OP was out of time to claim.

eskbanker

holz81 said:

We had flights which were cancelled last April.  
After 4 months of trying to get through to the OTA (customer services abroad and woefully understaffed - unable to get through to anybody who could help) I initiated a charge back request through my bank in August. I though that this was my last resort after 4 months of trying to solve it myself.
After 6 weeks, bank refunded me cost of flights, I thought that the matter was closed. I had no correspondence from the bank, other than the refund appearing in my account.
Almost 6 months later, I returned home this week to find a letter from the bank. It says that since my charge back request was made more than 120 days after initial purchase

Chargebacks can be made within 120 days of the expected service delivery, even if up to 540 days from the actual purchase (i.e. the payment date), so if you submitted your claim within 120 days of when the first flight was due to depart then it should be valid.

If you didn't quite make this deadline then chances are you'll have to accept that they refunded you in error, but since it was their mistake then they shouldn't expect full lump sum reimbursement in one go and should be able and willing to negotiate a repayment plan.

nilanteh

If the flight was in April and you initiated the chargeback in august then it’s likely you were outside the 120 day limit and they shouldn’t have refunded you. Work out the number of days between the outbound flight and the day you started the chargeback. Agree with above though. As it’s their error surely they should be willing to work out a payment plan rather than take it in one go 

sheramber

and have waited for a total of 3 hours on hold to the bank on the number they told me to call, without getting through to anybody!
that  phone call may be to come to an arrangement over paying the money back.

sheramber

ratechaser said:

Hold on... there is a 45 day deadline on chargeback reversals. Now I know that this is intended as a deadline for the merchant to dispute the chargeback rather than for the bank to say "oopsie, we shouldn't have charged back in the first place", but either way, they have presumably got the money from the merchant (OTA) in order to have reimbursed you. So after 6 months, how can they justify reclaiming the money from you on procedural grounds? The merchant is out of time, and it's the bank's error.

I'd be fighting this one.

either way, they have presumably got the money from the merchant (OTA) in order to have reimbursed you. 
With a chargeback the bank refund the money and then proceed to claim it back for the merchant.
With all the delays these days it could be that the error has only just come to light when the bank tried to get the money form the merchant ans then they disputed that ot was out of time.

Scott_Weiland79

Which bank are you with??
And did the bank send you no paperwork at all regarding the chargeback, ie forms to fill and send back etc.

Personally I would be ringing the bank back and asking to log a complaint.