Chargeback or section 75 claim?

Grizebeck

Goods ordered from Germany over 1k on barclaycard 
Never received them
It appears courier simply left them by the back door with no authorisation from me and left in plain sight to be taken.
If the retailer does not refund me this week then should I do a charge back or a section 75.
Just wondering which is the best approach.
Could I do the charge back and if that wasn't successful follow a section 75 claim
Thoughts please

sausage_time

Some excellent material here:

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/
https://www.moneysavingexpert.com/reclaim/visa-mastercard-chargeback/

The recommendation seems to be chargeback first then S75 (after trying from the seller, which it looks like you are doing)

eskbanker

In many (most?) cases, card companies will unilaterally choose to try chargeback first anyway (where a claim under either should apply), as the cost is borne by the merchant, whereas s75 would need to be reimbursed by the card company themselves.  Doing it in that order ultimately gives the cardholder two bites of the cherry so it's likely to be best to let the card company handle it that way....

DullGreyGuy

Grizebeck said:

Goods ordered from Germany over 1k on barclaycard 
Never received them
It appears courier simply left them by the back door with no authorisation from me and left in plain sight to be taken.
If the retailer does not refund me this week then should I do a charge back or a section 75.
Just wondering which is the best approach.
Could I do the charge back and if that wasn't successful follow a section 75 claim
Thoughts please

You don't tend to get a choice, you simply "raise a dispute" and the card issuer decides if to try chargeback or S75 first and in most cases it will be chargeback. 

If a chargeback is unsuccessful you can then attempt a S75 claim... in theory the reverse would also be true but you may have timed out on the chargeback which is one of the reasons why there is a preference of order.


Which legal jurisdiction applies to the order? Obviously the only complicating matter is under UK consumer law its the merchants responsibility until its handed to the buyer or a duly authorised recipient. You state that this is a German purchase in which case German law could apply which isn't necessarily as strict as UK. 

Have you actually spoken to the vendor about the missing parcel?

Grizebeck

DullGreyGuy said:

Grizebeck said:

Goods ordered from Germany over 1k on barclaycard 
Never received them
It appears courier simply left them by the back door with no authorisation from me and left in plain sight to be taken.
If the retailer does not refund me this week then should I do a charge back or a section 75.
Just wondering which is the best approach.
Could I do the charge back and if that wasn't successful follow a section 75 claim
Thoughts please

You don't tend to get a choice, you simply "raise a dispute" and the card issuer decides if to try chargeback or S75 first and in most cases it will be chargeback. 

If a chargeback is unsuccessful you can then attempt a S75 claim... in theory the reverse would also be true but you may have timed out on the chargeback which is one of the reasons why there is a preference of order.


Which legal jurisdiction applies to the order? Obviously the only complicating matter is under UK consumer law its the merchants responsibility until its handed to the buyer or a duly authorised recipient. You state that this is a German purchase in which case German law could apply which isn't necessarily as strict as UK. 

Have you actually spoken to the vendor about the missing parcel?

Speaking to them is proving a great hiderance  Giving them to Friday close of business to process a refund
And UK consumer law applies
Then will start the process 

Grizebeck

Got our full refund in the end via the company !