Charge back appeal

scottyleics

Hi,

I made a chargeback a few weeks back and MBNA have decided to side with the seller and I am looking for advice on how to appeal this.

It was £88 on an MBNA credit card so I am not sure of what protections I have, if any? The seller was DHGate (Chinese)

Anyway, here is the top line.

I (stupidly in hindsight) bought some goods from DHGate,  fake items turned up. At that time I was naive and didn't realise DHGate sells counterfiets, I ignore the 'too good to be true..'..

I opened a dispute in DHGate on the items and it went ignored. I raised a charge back with MBNA who refunded the money.

The merchant DHGate then disputed this saying it doesn't state the items were geniun. I am now in a position where MBNA basically say they are not interested and I cannot return the items.

I still have the items but now I don't know what I can do or should do?

Do anyone have any advice please?

Cheers,

Scott

scottyleics

Their message FYI:

"We're writing with an update about your disputed transaction with DHGATE.COM
We recently contacted DHGATE.COM to claim a refund on your behalf, and credited £88.29 to your account. However,
the merchant has rejected the claim because they've provided supporting documents to confirm that the goods have been
delivered. After reviewing the documentation and details of the dispute we are unable to assist further as a counterfeit
goods claim. The merchant have also provided a copy of the invoice/order confirmation showing that fashion items have
been purchased, the document does not show that the order was made for branded or designer items. As the document
that the merchant has supplied does not confirm or indicate that they are advertising or selling these items as branded or
designer goods, therefore we are unable to assist with a counterfeit goods claim with regards to this purchase.
I've attached their response for you to review. Please note that the attachment may be at the bottom of the email.
Your account has been debited again, and the transaction amount will form part of your monthly payment calculation and
may accrue interest"

eskbanker

I can't see that you have any further claim against MBNA, so that would just leave legal action against a Chinese company if you can demonstrate that they've breached their terms or applicable legislation (presumably China's), good luck with that!

born_again

As per above no way forward.

Which brand did you purchase?

I take it that you provided proof from the brand holder that this company were selling counterfeit goods?

Also We are DHgate.com, the world's leading online marketplace for wholesale consumer products. So sounds very much like Amazon MarketPlace.
DHgate.com is the world's leading online wholesale platform for goods made in China,

scottyleics

There is no way forward at all? The original charge to my card was actually over £100 but then part of the order was cancelled. Does that not invoke some Section 75 rights and make the card issuer liable to help me return this stuff?

bris

No the goods were not over £100, it doesnt matter if you bought 20 items at £80 it's got to be over £100 per item. for S75.

You're also dealing with a Chinese company who will be under Chinese law.