Visa section 75 claim back.

Jono217

During a dispute with a merchant I returned the goods in dispute for a refund at my cost, (Faulty, not fit for purpose). They refused to accept them without looking at them and returned them to me. I started a Visa section 75 action and have been refunded the money. I still have the goods. Do I inform the merchant they can collect them at their cost and give them a reasonable time to do so, or ask Visa if they want them?

bris

Personally I would do nothing as Visa has refunded you. This may be a no fault refund paid by Visa without them claiming it back from the merchant.

However if Visa do take it back from the merchant then you need to make the goods available for them to collect.

Visa will not ask for the goods, they just write it off 99% of the time but depending on the value you would have to make it available for them too.

At this point though if you contact the merchant they might say send them back even though they haven't lost anything at this stage so sit tight. 

born_again

Jono217 said:

During a dispute with a merchant I returned the goods in dispute for a refund at my cost, (Faulty, not fit for purpose). They refused to accept them without looking at them and returned them to me. I started a Visa section 75 action and have been refunded the money. I still have the goods. Do I inform the merchant they can collect them at their cost and give them a reasonable time to do so, or ask Visa if they want them?

What was the cost of the item?

Visa do not have anything to do with S75. Neither do you, as your relationship is with your card company. Card company will not want the goods..

Sounds more like a chargeback has been started given you have been refunded. As S75 you would have to sign a full & final settlement letter & is not a quick fox, can take months.
Just wait it out. If you still have the goods then the retailer can reject the chargeback & you will be re-debited.

Sandtree

Jono217 said:

During a dispute with a merchant I returned the goods in dispute for a refund at my cost, (Faulty, not fit for purpose). They refused to accept them without looking at them and returned them to me. I started a Visa section 75 action and have been refunded the money. I still have the goods. Do I inform the merchant they can collect them at their cost and give them a reasonable time to do so, or ask Visa if they want them?

First of all you need to talk to your bank to see if they dealt with it as a S75 or Chargeback... most people ask for the former but the bank will do the later in the first instance as that means it comes out of someone elses pocket. You can get a fair idea which it is by the length of time its taken... if it was quick then it was a chargeback.

If it was a S75 claim then you should take your bank's instructions as they have refunded you from their own money and hence technically own the goods. If it was a chargeback then the money's been taken from the merchant's account and they are fairly likely to be in touch in due course. 

Jono217

The goods cost just over £600, as far as I'm aware it's a S75 claim. The merchant contacted me the other day sounding very conciliatory, a total change to the previous abrasive E mails I have received from them trying to shift the blame and making totally baseless assumptions. No mention of any chargeback. I received the goods on the 20th July and I realised something might be wrong, took photos and sent them, two days later they confirmed they were the correct parts. During fitting some marks were caused because some bolts had no adjustment capability. Nine days later they admitted they had sent the wrong fittings. I asked for repair / replacement due to wrong fittings being sent. After four requests and no correct parts sent I returned the goods for refund, which they returned unopened. I then contacted my Visa card company and opened a S75 claim, and sent them all the E mail exchanges with the merchant. They then refunded the monies to my card. I still have the goods without the proper parts over 6 weeks from receiving them. I have contacted my Visa card company and they have said they have no interest in the goods and once the money is refunded (which it has been) it's up to me what I do with them. 

macman

They're effectively unsolicited goods. Inform the retailer in writing that they have 2 weeks to arrange collection or they will be disposed of.
Not sure what you think Visa would do with them?

Sandtree

macman said:

They're effectively unsolicited goods. Inform the retailer in writing that they have 2 weeks to arrange collection or they will be disposed of.
Not sure what you think Visa would do with them?

Not if it's a S75 claim, the merchant has been fully paid

. Jono217 said:

The goods cost just over £600, as far as I'm aware it's a S75 claim. The merchant contacted me the other day sounding very conciliatory, a total change to the previous abrasive E mails I have received from them trying to shift the blame and making totally baseless assumptions. No mention of any chargeback. I received the goods on the 20th July and I realised something might be wrong, took photos and sent them, two days later they confirmed they were the correct parts. During fitting some marks were caused because some bolts had no adjustment capability. Nine days later they admitted they had sent the wrong fittings. I asked for repair / replacement due to wrong fittings being sent. After four requests and no correct parts sent I returned the goods for refund, which they returned unopened. I then contacted my Visa card company and opened a S75 claim, and sent them all the E mail exchanges with the merchant. They then refunded the monies to my card. I still have the goods without the proper parts over 6 weeks from receiving them. I have contacted my Visa card company and they have said they have no interest in the goods and once the money is refunded (which it has been) it's up to me what I do with them.

That sounds like a chargeback otherwise you'd have a settlement letter to sign etc If it's a chargeback then the merchant no longer has been paid and it's a complex situation as bank's don't have the legal authority to dissolve contracts etc

Jono217

I'll give them the chance to collect the goods at their expense. Seven weeks with no offer of resolution is a joke.

born_again

Jono217 said:

The goods cost just over £600, as far as I'm aware it's a S75 claim. The merchant contacted me the other day sounding very conciliatory, a total change to the previous abrasive E mails I have received from them trying to shift the blame and making totally baseless assumptions. No mention of any chargeback. I received the goods on the 20th July and I realised something might be wrong, took photos and sent them, two days later they confirmed they were the correct parts. During fitting some marks were caused because some bolts had no adjustment capability. Nine days later they admitted they had sent the wrong fittings. I asked for repair / replacement due to wrong fittings being sent. After four requests and no correct parts sent I returned the goods for refund, which they returned unopened. I then contacted my Visa card company and opened a S75 claim, and sent them all the E mail exchanges with the merchant. They then refunded the monies to my card. I still have the goods without the proper parts over 6 weeks from receiving them. I have contacted my Visa card company and they have said they have no interest in the goods and once the money is refunded (which it has been) it's up to me what I do with them. 

S75 does not involve retailer. I have only known a handful of cases where a retailer has been contacted and in them cases you were talking many thousands of pounds, that the card provider did not want to pay out without trying to force the retailer to do something. One of these involved multiple claims on the same company that ran in to very a large 6 figures amount in total.


£600 is not going to even be worth the cost to your card provider. So my guess is why retailer has contacted you is their merchant bank has told them that the funds have been taken back by your card provider. And that they have 45 days to contest their case.

I would ask your card provider how they have dealt with it. 

Jono217

born_again said:

Jono217 said:

The goods cost just over £600, as far as I'm aware it's a S75 claim. The merchant contacted me the other day sounding very conciliatory, a total change to the previous abrasive E mails I have received from them trying to shift the blame and making totally baseless assumptions. No mention of any chargeback. I received the goods on the 20th July and I realised something might be wrong, took photos and sent them, two days later they confirmed they were the correct parts. During fitting some marks were caused because some bolts had no adjustment capability. Nine days later they admitted they had sent the wrong fittings. I asked for repair / replacement due to wrong fittings being sent. After four requests and no correct parts sent I returned the goods for refund, which they returned unopened. I then contacted my Visa card company and opened a S75 claim, and sent them all the E mail exchanges with the merchant. They then refunded the monies to my card. I still have the goods without the proper parts over 6 weeks from receiving them. I have contacted my Visa card company and they have said they have no interest in the goods and once the money is refunded (which it has been) it's up to me what I do with them. 

S75 does not involve retailer. I have only known a handful of cases where a retailer has been contacted and in them cases you were talking many thousands of pounds, that the card provider did not want to pay out without trying to force the retailer to do something. One of these involved multiple claims on the same company that ran in to very a large 6 figures amount in total.


£600 is not going to even be worth the cost to your card provider. So my guess is why retailer has contacted you is their merchant bank has told them that the funds have been taken back by your card provider. And that they have 45 days to contest their case.

I would ask your card provider how they have dealt with it. 

The merchant contacted me regarding another issue, never mentioned anything about funds being taken back, and going by their previous E mails I'm sure they would have done.

Jono217

Letter received from my CC provider. Looks like chargeback. monies have been refunded and a claim raised with the merchants bank. They have 30 days to challenge for reversing the transaction, if they do my CC provider will continue to the next level of the dispute process on my behalf. So sit tight and see what happens.