Question re credit card chargeback re non delivery of goods

eggdog

Dear All, 

Not posted a query before, hope I am in the correct place!

I ordered goods mid Feb 2024 from  UK website, paying by credit card.

I was given an ‘estimated’ delivery date on purchase for approx for 11 days later, with a tracking number.

I kept checking the tracking, the goods were apparently in a warehouse in Poland.

And are still in warehouse in Poland today - almost eight weeks after purchase.

The retailer did not answer  my many previous queries re delivery, except saying  (again and again) to be ‘patient’

I was patient, until I wasn’t, and asked for the retailer for a refund 3rd week in March.

The retailer agreed to refund, but again I was asked to be ‘patient.’

I emailed again re the refund, again, I was asked to be ‘patient’

I then applied to my credit card beginning of April for dispute refund on the basis of non delivery of goods well beyond the estimated date of delivery, and received a card refund.

I advised the retailer re the card refund, and that I would not accept any future delivery attempt.

However, the retailer has now stated they will claw back the refund, when they make the delivery ?

Just checked the tracking on the courier site. 

Goods still in Warehouse in Poland, but have now apparently cleared customs.

The retailer must have had words with the courier/ shipping company & I presume attempted delivery is now possibly in the pipeline, but no date given as yet.

Silly me - on the basis of receipt of credit card refund, I then sourced a similar item, and am already in receipt of that item.

Really don’t want two, as the goods were expensive - over £1500 each.

Any advice re refusal of delivery should it eventually come about?

Or just any advice at all?

Any info gratefully received.

Many thanks in advance.

eggdog

Sorry to all, just realised I had posted question to this wrong thread.

Reposted in consumer rights.

Can’t seem to delete this.

Apologies again.

Dear All, 

Not posted a query before, hope I am in the correct place!

I ordered goods mid Feb 2024 from  UK website, paying by credit card.

I was given an ‘estimated’ delivery date on purchase for approx for 11 days later, with a tracking number.

I kept checking the tracking, the goods were apparently in a warehouse in Poland.

And are still in warehouse in Poland today - almost eight weeks after purchase.

The retailer did not answer  my many previous queries re delivery, except saying  (again and again) to be ‘patient’

I was patient, until I wasn’t, and asked for the retailer for a refund 3rd week in March.

The retailer agreed to refund, but again I was asked to be ‘patient.’

I emailed again re the refund, again, I was asked to be ‘patient’

I then applied to my credit card beginning of April for dispute refund on the basis of non delivery of goods well beyond the estimated date of delivery, and received a card refund.

I advised the retailer re the card refund, and that I would not accept any future delivery attempt.

However, the retailer has now stated they will claw back the refund, when they make the delivery ?

Just checked the tracking on the courier site. 

Goods still in Warehouse in Poland, but have now apparently cleared customs.

The retailer must have had words with the courier/ shipping company & I presume attempted delivery is now possibly in the pipeline, but no date given as yet.

Silly me - on the basis of receipt of credit card refund, I then sourced a similar item, and am already in receipt of that item.

Really don’t want two, as the goods were expensive - over £1500 each.

Any advice re refusal of delivery should it eventually come about?

Or just any advice at all?

Any info gratefully received.

Many thanks in advance.

PHK

Do you mean that you've made a S75 claim? Or is it a chargeback?

Detail is important in a case like this. So what have the bank/card provider said?

born_again

eggdog said:

Dear All, 

Not posted a query before, hope I am in the correct place!

I ordered goods mid Feb 2024 from  UK website, paying by credit card.

I was given an ‘estimated’ delivery date on purchase for approx for 11 days later, with a tracking number.

I kept checking the tracking, the goods were apparently in a warehouse in Poland.

And are still in warehouse in Poland today - almost eight weeks after purchase.

The retailer did not answer  my many previous queries re delivery, except saying  (again and again) to be ‘patient’

I was patient, until I wasn’t, and asked for the retailer for a refund 3rd week in March.

The retailer agreed to refund, but again I was asked to be ‘patient.’

I emailed again re the refund, again, I was asked to be ‘patient’

I then applied to my credit card beginning of April for dispute refund on the basis of non delivery of goods well beyond the estimated date of delivery, and received a card refund.

I advised the retailer re the card refund, and that I would not accept any future delivery attempt.

However, the retailer has now stated they will claw back the refund, when they make the delivery ?

Just checked the tracking on the courier site. 

Goods still in Warehouse in Poland, but have now apparently cleared customs.

The retailer must have had words with the courier/ shipping company & I presume attempted delivery is now possibly in the pipeline, but no date given as yet.

Silly me - on the basis of receipt of credit card refund, I then sourced a similar item, and am already in receipt of that item.

Really don’t want two, as the goods were expensive - over £1500 each.

Any advice re refusal of delivery should it eventually come about?

Or just any advice at all?

Any info gratefully received.

Many thanks in advance.

Well via chargeback they only have 45 days from it being started to reject the chargeback.
But they have missed a trick & could have rejected the non receipt on the grounds you had already cancelled. Which given only 1 chance on a chargeback relies on their good will to refund.

Were you not told that the retailer has time to reject the chargeback? Or did you think as you had a refund that, that was the end of the matter?

DullGreyGuy

PHK said:

Do you mean that you've made a S75 claim? Or is it a chargeback?

They said it was a chargeback and given standard operating procedures it will be a chargeback and given how quick a refund has been given it will be a chargeback. 

As such the OP has had the initial refund with the warning it can be taken back if the merchant successfully defends the claim. The claim was for non-delivery so they just need to evidence delivery. 

Dont know what happens if the OP refuses delivery, certainly could be an argument that they are then the author of their own misfortune and the chargeback should be declined given its a black mark on the retailers record

eggdog

I completed a form beginning of April.

The form was within in mobile credit card app ref non delivery of goods - I filled in various fields re date ordered, amount paid, reason for claim.

After a couple of days, I received ‘notification of dispute’. From credit card.

This did state the merchant could make a ‘challenge’ within 30 days.

My card was refunded.

I had requested refund from Merchant in 3rd week of March, the goods were still listed at that time by tracking as in Polish warehouse, with no movement listed since 3rd week of Feb. 

Just the infrequent ‘warehouse scan’

So not sure if s75 or chargeback. 

What is the difference?

Will check with credit card.

DullGreyGuy

eggdog said:

So not sure if s75 or chargeback. 

What is the difference?

Will check with credit card.

Its a chargeback


Chargeback - a formal process created by the card networks (visa, Mastercard etc) designed as a simplistic solution to help resolve problems but has no legal basis. Merchant gets to challenge, money comes from the merchants account (or their bank if the merchant is insolvent). Moneys refunded up front but clawed back if the process fails.

S75 - a statutory process as part of the Consumer Credit Act. This is paid for by your bank from their own pocket and as such is a much longer process. You typically only get the money after reasonable challenge from the bank and normally have to sign paperwork to say you accept their offer as full and final settlement. 

the_lunatic_is_in_my_head

Who is the retailer OP?

Was this a personal purchase or something for a business?

eggdog

Dullgreyguy - updated tracking notification on courier site re ‘customs clearance pending release’, popped up on courier site last night.
I was refunded by credit card 8 days ago.
I did advise the Merchant 3 weeks ago, when I asked Merchant for refund , that I would not accept delivery, should delivery occur in coming months or years, and requested merchant at that time to void the delivery.
 Can I refuse delivery, should it actually be attempted at some future unknown date, due to the circs?

eggdog

the_lunatic_is_in_my_head said:

Who is the retailer OP?

Was this a personal purchase or something for a business?

Personal purchase. 
I do not wish to ID the retailer at present.

DullGreyGuy

eggdog said:

Dullgreyguy - updated tracking notification on courier site re ‘customs clearance pending release’, popped up on courier site last night.
I was refunded by credit card 8 days ago.
I did advise the Merchant 3 weeks ago, when I asked Merchant for refund , that I would not accept delivery, should delivery occur in coming months or years, and requested merchant at that time to void the delivery.
 Can I refuse delivery, should it actually be attempted at some future unknown date, due to the circs?

I would await advice from @born_again who knows the scheme rules much better than I do... I just postulating on what is "fair" but chargebacks are not about fairness but strict terms that should be applied blindly; as said they are a simplistic tool to deal with the 98% of cases.