Company threatening legal action because of chargeback.

laxi21

I ordered some goods online. They did not arrive. After 5 weeks, and after chasing up with the company multiple times I requested a chargeback via my bank. 

Company then emailed me to say they will be taking legal action because I have requested a chargeback for goods that have been delivered, and that they have evidence of delivery (signature and GPS evidence). This is false. The goods had not arrived. 

Next day the goods arrived. I emailed the company to confirm and emailed the bank to cancel chargeback. 

They are still threatening legal action??? 

Clive_Woody

laxi21 said:

I ordered some goods online. They did not arrive. After 5 weeks, and after chasing up with the company multiple times I requested a chargeback via my bank. 

Company then emailed me to say they will be taking legal action because I have requested a chargeback for goods that have been delivered, and that they have evidence of delivery (signature and GPS evidence). This is false. The goods had not arrived. 

Next day the goods arrived. I emailed the company to confirm and emailed the bank to cancel chargeback. 

They are still threatening legal action??? 

Just call them and make payment. If the chargeback has taken place then I'm not sure that you can then reverse this. Perhaps call your bank first to confirm what they have done.

Legal action is going nowhere if you have written evidence (keep the email) where they claimed to have delivered, when clearly they hadn't and genuine tracking info would show it occurred the day after. 

laxi21

I have not even been credited for the chargeback. I have called bank who are proceeding with the cancellation.
I can't call the company as there phone number is just an automated message, it doesn't ring through. 
They have terrible reviews on trust pilot (which I wish I saw before I ordered!) 

DullGreyGuy

laxi21 said:

They are still threatening legal action??? 

Who knows? Assuming you are able to withdraw your chargeback then presumably not

sourcrates

Complete and useless bluster they are spouting.

They cannot take you to court for a debt you do not owe, if they were insufficiently intelligent to ever send you a claim form, your defence would be that the debt was paid, in full, and you deny their claim.

That would be the end of the matter.

dunstonh

You have the ability to pay right up to the very day (indeed, hour before) the case appears in court (which in the case of a small claims court, if held in person, is a small office with just you, the other party and a judge all in casualwear.

The fact the goods arrived the next day indicates what they were telling you was BS and it wouldn't stand up.  However, you do now need to pay them.  Tell them (and keep a copy) that you have requested the chargeback be cancelled.  If that cannot happen and you get refunded then you pay them.

penners324

Is the original payment still showing on your statements?

phillw

Clive_Woody said:
Just call them and make payment. If the chargeback has taken place then I'm not sure that you can then reverse this.  

No, don't do this.

They can contest the charge back even after the money has been returned to you & it will be removed again from your account (putting you into an overdraft if you have no money in the account).

If you pay them again now, they could end up getting paid twice.