Chargeback for a pre order

kathpj50

Hi all , looking for some advice please .
I ordered some skin care in March on pre order . After about 3 months I sent an email enquiring as to where my products were as my £ 72 had been taken . No response so sent a further 3 emails over the next 3 months .I have since found out that I am not the only one this has happened to so I tried to do a chargeback from my bank as I paid by visa debit card . My bank declined this as it was over 120 days however I disagree as it the 120 days is from delivery date , which I didn’t have . Could it not come under the future purchases (normally flights gigs etc) as that is 520 days - bank said no . Should I push this or is the bank correct ?
many thanks 

RefluentBeans

You can push it but the chargeback process isn’t a law, it’s voluntary. I also don’t think it’s the bank that decides, I think it’s Visa or Mastercard (but I may be wrong on that). 

Additionally - the retailer can dispute the chargeback and claw the money back or they met feel you’re withholding funds and attempt to pursue the payment. It depends what the terms of the pre order are - especially with expected delivery dates. A traditional pre order (say an iPhone) is different than a pre order through a site like Kickstarter. But in both cases, the product may not exist yet, but the latter comes with a lot more risk. 

Chargebacks aren’t always clear cut. If the bank doesn’t allow the chargeback and you push for it, and they still reject it, then the only option may be letter before action (and then small claims court if they at doesn’t work). 

DullGreyGuy

When you say it was a pre-order do you mean a product that's not yet been released yet and therefore there probably has been some target date set or do you mean it was just an out of stock item and you placed the order for when stock comes back in at some unspecified date in the future?

soolin

£72 is the sort of cost of creams and things from those dodgy facebook/social media posts , so who did you buy from? 

born_again

kathpj50 said:

Hi all , looking for some advice please .
I ordered some skin care in March on pre order . After about 3 months I sent an email enquiring as to where my products were as my £ 72 had been taken . No response so sent a further 3 emails over the next 3 months .I have since found out that I am not the only one this has happened to so I tried to do a chargeback from my bank as I paid by visa debit card . My bank declined this as it was over 120 days however I disagree as it the 120 days is from delivery date , which I didn’t have . Could it not come under the future purchases (normally flights gigs etc) as that is 520 days - bank said no . Should I push this or is the bank correct ?
many thanks 

What was the date you expected delivery given the mention of "Pre-Order"?

Without that date being within the last 120 days. Bank is correct I'm afraid.

For the 540 days to come into play you need a future date that the "Event" "Delivery" is due to happen. 

Only way that you would stand a chance is if the company sent something stating delivery is going to be XX date. Which is either in the last 120 days or future dated & they do not turn up.

So you could email them & see if they will give a date for delivery.

DullGreyGuy

born_again said:
Only way that you would stand a chance is if the company sent something stating delivery is going to be XX date. Which is either in the last 120 days or future dated & they do not turn up.

What is the approach @born_again if the site was clear there was no stock and no stock expected imminently but no actual date was given? Would the 120 days start from the date of order? Or say it was a DVD where you could point to a third party identifying the official release date (assuming its a not yet released item rather than out of stock at point of order)?

born_again

@DullGreyGuy
No date would mean that it would be taken as the date of debit. 

As to finding say a release date, not actually had that before. But I would expect retailer to have something on their site stating release date. If not then, all you could do is pass info on & see what happens.

kathpj50

I had ordered the product previously since 2021 - the product was out of stock at the time but was available to order by pre order so no date was given for the delivery of the products . I am unable to contact the company as all emails /social media avenues are not responding . Their telephone number does not ring out . What do you suggest I do next ?

user1977

As previously asked, who is the company?

kathpj50

Antonia Burrell 😔

soolin

kathpj50 said:

Antonia Burrell 😔

safari won’t let me access that site as it says it looks like an impersonation attempt. 

Check them out on Facebook as well, someone on there saying their last order never arrived and virtually no new posts anyway.