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Virgin Atlantic credit card / section 75 claim

I ordered goods online (£2000) paid in full using VA credit card. Arranged delivery , nothing arrived on delivery day, no contact from supplier. Contacted them and they advised problem in the factory but would arrange delivery for 10 days time. Confirmed several times that goods would be delivered and reassured no issues. Guess what nothing delivered and no contact from supplier. No reply when I tried ringing/emailing supplier and company director  , due to not being able to contact seller , spoke to Trading standards who advised send letter of cancellation and asking for refund within 7 days . Actioned this - no contact from supplier. Finally got hold of the supplier around 8 days after promised 2nd delivery date. They agreed cancellation of order /refund should be paid but nothing happened. Finally spoke to office who have said only the Director can action refund ! and guess what he doesnt answer his calls.I have contacted the office several times just to be fobbed off that only Director can authorise refund. 
My questions are ;
How long do I have to wait before i give up on refund from supplier
Has anyone else claimed back through credit card, is this a section 75 claim ?How long does it take to get your money back and can they refuse to refund it 
I have tried ringing Virgin Credit card , but cant get through so do I need a claim form or is it just a letter.
Virgin website is useless

Any help would be greatly appreciated
Thanks

Comments

  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 4 October 2021 at 2:07PM
    Contact your credit card. It can be done as a simple chargeback - no need to over-complicate it with s75.

    If you subsequently get additionally refunded by the company, you'll need to repay them that amount.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    mamia2 said:
    My questions are ;
    How long do I have to wait before i give up on refund from supplier
    Has anyone else claimed back through credit card, is this a section 75 claim ?How long does it take to get your money back and can they refuse to refund it 

    1) There is no requirement to give them any time at all... under S75 they are jointly liable and you can go to them from the outset if you wanted

    2) S75 is paid from the banks own pocket and so they do kick the tyres reasonably well to make sure they are liable but how long it takes will depend on how busy the department is and how complete your initial submission is to evidence the issue. 

    In this circumstances though it seems like a chargeback is more appropriate, this is paid from the merchant's bank and so unsurprisingly your bank is more happy to support and move forward... some will give the money back instantly but warn if the chargeback isnt upheld then it will be redebited. 
  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    Contact your credit card. It can be done as a simple chargeback - no need to over-complicate it with s75.

    If you subsequently get additionally refunded by the company, you'll need to repay them that amount.

    Thanks , I thought charge back was when company had gone into administration , to be honest I dont really understand either but just know it makes sense to always pay by credit card !
  • born_again
    born_again Posts: 17,424 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    mamia2 said:
    Contact your credit card. It can be done as a simple chargeback - no need to over-complicate it with s75.

    If you subsequently get additionally refunded by the company, you'll need to repay them that amount.

    Thanks , I thought charge back was when company had gone into administration , to be honest I dont really understand either but just know it makes sense to always pay by credit card !
    Just explain the situation to your card provider & let them decide the way forward.

    My worry here, is that your post seems to imply quite a delay from purchase to now. And the clock is ticking on chargebacks.
    Life in the slow lane
  • Dobbibill
    Dobbibill Posts: 4,148 Ambassador
    Tenth Anniversary 1,000 Posts Mortgage-free Glee! Name Dropper
    Raise a dispute with your CC company - here is some additional info about chargeback and S75 if you want to understand more  https://www.moneysavingexpert.com/reclaim/visa-mastercard-chargeback/

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  • mamia2
    mamia2 Posts: 20 Forumite
    10 Posts First Anniversary
    mamia2 said:
    Contact your credit card. It can be done as a simple chargeback - no need to over-complicate it with s75.

    If you subsequently get additionally refunded by the company, you'll need to repay them that amount.

    Thanks , I thought charge back was when company had gone into administration , to be honest I dont really understand either but just know it makes sense to always pay by credit card !
    Just explain the situation to your card provider & let them decide the way forward.

    My worry here, is that your post seems to imply quite a delay from purchase to now. And the clock is ticking on chargebacks.

    Hi , thanks for the reply , original delivery was due 10th sept, then rearranged for 21st september so not too long ago. Ill try and get through to Virgin but really difficult to speak to them
  • born_again
    born_again Posts: 17,424 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 5 October 2021 at 11:13AM
    mamia2 said:
    mamia2 said:
    Contact your credit card. It can be done as a simple chargeback - no need to over-complicate it with s75.

    If you subsequently get additionally refunded by the company, you'll need to repay them that amount.

    Thanks , I thought charge back was when company had gone into administration , to be honest I dont really understand either but just know it makes sense to always pay by credit card !
    Just explain the situation to your card provider & let them decide the way forward.

    My worry here, is that your post seems to imply quite a delay from purchase to now. And the clock is ticking on chargebacks.
    Only 
    Hi , thanks for the reply , original delivery was due 10th sept, then rearranged for 21st september so not too long ago. Ill try and get through to Virgin but really difficult to speak to them
    Well within the 120 days then.

     Only issue I can see is you cancelled the order. So no chargeback for non receipt. Non receipt of refund really requires something stating - Amount, Date processed & last 4 of card no. Clearly something you have not got.

    As you cancelled the order it could be taken that you breeched the contract (don't shoot the messenger) as I have heard this used before in S75 claims, where a order has been cancelled. But that will depend on the T/C of the purchase. 
    Life in the slow lane
  • henry11vr
    henry11vr Posts: 26 Forumite
    10 Posts First Anniversary
    edited 5 November 2021 at 1:00PM
    born_again, you're right about it. But it's never too late for doing it. By the way, what do you think about this american express aeroplan card author has written about? Have you compared you own aeroplan card with some other options? I always do that, before making any rush, analyzing all the terms and rules from each financial company.
  • henry11vr said:
    born_again, you're right about it. But it's never too late for doing it.
    S75 debatable, but chargeback has a strict time limit
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