Question re credit card chargeback re non delivery of goods

Nasqueron

If the goods get to the UK and inevitably have tax, you would have to pay to clear or the goods will go back and the shipper will get charged and probably come after you for this

eggdog

DullGreyGuy said:

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. 

Will do, if you think @born_again may be good enough to further advise

the_lunatic_is_in_my_head

eggdog said:

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.

Do you know if they are based OP?

eggdog

Nasqueron said:

If the goods get to the UK and inevitably have tax, you would have to pay to clear or the goods will go back and the shipper will get charged and probably come after you for this

Goods were purchased from UK website, including tax and shipping

eggdog

born_again said:

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?

Not having ever requested a refund from credit card before due to non receipt of goods, and the circs previously described, thought that was the end of the matter.

Nasqueron

eggdog said:

Nasqueron said:

If the goods get to the UK and inevitably have tax, you would have to pay to clear or the goods will go back and the shipper will get charged and probably come after you for this

Goods were purchased from UK website, including tax and shipping

Sure but this is an import from Poland, customs will still pick it up depending on how it's declared and it's potentially liable for import duty. Did you just pay VAT on the order? Did you read the terms to say you may get import duty? 

eggdog

Nasqueron said:

eggdog said:

Nasqueron said:

If the goods get to the UK and inevitably have tax, you would have to pay to clear or the goods will go back and the shipper will get charged and probably come after you for this

Goods were purchased from UK website, including tax and shipping

Sure but this is an import from Poland, customs will still pick it up depending on how it's declared and it's potentially liable for import duty. Did you just pay VAT on the order? Did you read the terms to say you may get import duty? 

Purchased from UK site.
No info re import duties on purchase webpage nor in terms and conditions, nor invoice. 

the_lunatic_is_in_my_head

eggdog said:

Nasqueron said:

If the goods get to the UK and inevitably have tax, you would have to pay to clear or the goods will go back and the shipper will get charged and probably come after you for this

Goods were purchased from UK website, including tax and shipping

If the company is based in the UK you'd generally have the right to cancel upon receipt.

If they refused then you have the same claim against the credit card company under S75 (assuming you didn't use a third party checkout such as Paypal, born_again knows more about this aspect).

You'd likely have a right to cancel if they were in the EU as well.

There are a few situations where the right to cancel doesn't exist which are detailed here:

https://www.legislation.gov.uk/uksi/2013/3134/regulation/28

If the chargeback is reversed and the trader doesn't acknowledge the right to cancel should it exist you'll hopefully have the credit card co to claim against as a back up. 

If it gets that far and you need help with the finer details we'd need to see the trader's terms on the right to cancel as the info they give affects a few aspects including who pays for the return but typically you have 14 days from delivery to exercise that right and need to make a clear statement such as

"I am exercising my right to cancel the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013"

sheramber

Anybody van have a uk.co website. It does not mean theya re are UK based. 

They could be based abroad and sendIng goods to the UK.

The website may tell you what country's laws apply but as you will not tell us the name of the company it is not possible to help you with that.

Search the website for Terms and Conditions, which should tell you what country's laws apply.


To refuse delivery you would have to catch the postman/courier when he was delivering and tell him you are refusing it. 

Once delivered you would need arrange a return, per the terms on the website.

sheramber

eggdog said:

born_again said:

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?

Not having ever requested a refund from credit card before due to non receipt of goods, and the circs previously described, thought that was the end of the matter.

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

What did you think that meant  to make you think it was the end of the matter?