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Trying to return an online item with no success

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  • Okell
    Okell Posts: 2,587 Forumite
    1,000 Posts Second Anniversary Name Dropper
    betheboat said:
    Thanks for your replies, been trying to deal with whilst getting over COVID, which floored me. I have still had no correspondence so calimed a chargeback on my creditcard. Filled all the paperwork in etc. The day after the payment shown as disputed, the company took another full payment for the item?!

    Contacted my Creditcard at lunch today and they have now flagged it and added it to the initial dispute. Can't believe they did that.
    I don't fully understand the chargeback process (it seems a bit daft to me in some respects...) but AIUI the seller has an opportunity to challenge a chargeback and your bank will usually(?) accept the seller's challenge, thus rejecting your chargeback claim.  Apparently you can only make one chargeback claim per transaction, so if the seller challenges it and your bank accepts the seller's challenge, you don't get a second chargeback opportunity.

    Because (a) you paid by credit card and not by debit card, and (b) the transaction was > £100, a s75 claim against your credit card provider will give you better protection than a chargeback does.

    s75 of the Consumer Credit Act 1974 (legislation.gov.uk) gives you the same legal rights against your credit card provider as against the seller.  Because your seller is in breach of the law by ignoring your right to cancel and by not refunding you (as required by law) you can claim your refund from your credit card provider if the seller continues to ignore you.

    So you might end up having to make a s75 claim against your card provider if all else fails.

    (I'm sure born_again will correct anything I've got wrong about chargebacks and s75 claims) 
  • update:

    I have had both payments refunded and as part of it my creditcard company cancelled my card and issued another one. The two people I spoke to about the second unauthorised charge were really helpful and it is now all sorted.

    The company still haven't been in touch to provide an address to send the item back to. How long do I have to keep it before I dispose of it?
  • molerat said:
    betheboat said:
    This lot?

    charged-ebikes.co.uk/policies/refund-policy

    Yes, that's them. The only correspondence I have had was an automatic trustpilot review request
    Well, I can guess how that is going to pan out.


    I was waiting until it was all sorted until I leave a review. Going to do it now though :D
  • Okell said:

    Edit:  It's a really terrible website.  Not a good sign...]

    wow thanks very much, that information is all informative and amazing! I'm calling it a chargeback but I don't know what I actually did, it might have been a s75?? I should have known better but that website seemed to be the only one in the country with stock of the bag as its now discontinued. As it turns out it wasn't the right size anyway.
  • It seems my replies didn’t post 🤷‍♂️

    thanks for all the advice. I’ve now got a refund for the initial transaction and when they tried to take it again. 

    The company still haven’t been in touch and the rucksack is still sat there waiting for an address to be posted back. How long do I have to keep it before I dispose of it? I don’t want to wait a few weeks, take it to a charity shop and then they get in touch in 6 months demanding it back. 
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