Question re credit card chargeback re non delivery of goods

Aylesbury_Duck

eggdog said:

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. 

If you mean a UK web address, then that's meaningless.  I could operate a business from Peru with a UK website.  The website will probably tell you precisely where they're based and under which country's laws they're operating.

eggdog

Aylesbury_Duck said:

eggdog said:

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. 

If you mean a UK web address, then that's meaningless.  I could operate a business from Peru with a UK website.  The website will probably tell you precisely where they're based and under which country's laws they're operating.

After much digging, the Company appears to be based in Ireland, with a UK registered office address.

born_again

eggdog said:

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

So did you tell CC that you had cancelled & requested a refund?

I can see this getting very messy. 
I can also see duty being payable. Making refusing delivery a dangerous route to go down, as it does not negate the duty still being payable & couriers charge for handling the collection of fee's. But given what they have said about goods on their way, they could be in the process of rejecting chargeback, which would see you re-debited by CC.
Which makes (if you did not tell CC) a technical rejection for non receipt, but also voiding the chargeback.

All you can do is sit back & wait & see what happens. 

eggdog

born_again said:

eggdog said:

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

So did you tell CC that you had cancelled & requested a refund?

I can see this getting very messy. 
I can also see duty being payable. Making refusing delivery a dangerous route to go down, as it does not negate the duty still being payable & couriers charge for handling the collection of fee's. But given what they have said about goods on their way, they could be in the process of rejecting chargeback, which would see you re-debited by CC.
Which makes (if you did not tell CC) a technical rejection for non receipt, but also voiding the chargeback.

All you can do is sit back & wait & see what happens. 

Thanks for the reply.

I did advise CC of my attempt to cancel with the Merchant, but Merchant is / was ignoring cancellation, cancellation of delivery, and refund request made 22.03.24.

I cited in my email to the Merchant  (taken from a consumer website

‘Under UK distance selling regulations, the goods must be delivered within the time specified.
If no delivery time period is specified, then the statutory time limit is 30 days for delivery.
The supplier may offer an alternative date for delivery, but you are under no obligation to accept, and can ask for a full refund’

At no time was I offered another delivery date during this process from date of purchase mid Feb 2024, merely advised many times to ‘have patience’ and ‘wait’

I surmise the merchant hopes that at some unspecified date in the near or possibly very far future, delivery will be attempted by the shipping courier.

However, just checked shipping courier site tracking, which still advises no movement. Still in Poland.
I also received an email on 09.04.24 from Merchant, who I had previously advised of cc refund, stating ‘if the goods are delivered, please pay us.’

I seem to be circling the drain.

I must also add, I contacted the shipping/courier company weeks ago, who advised the ‘paperwork’ was not in order.
I informed the Merchant of this at that time.

Once again, thanks for your attention.

eggdog

born_again said:

eggdog said:

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

So did you tell CC that you had cancelled & requested a refund?

I can see this getting very messy. 
I can also see duty being payable. Making refusing delivery a dangerous route to go down, as it does not negate the duty still being payable & couriers charge for handling the collection of fee's. But given what they have said about goods on their way, they could be in the process of rejecting chargeback, which would see you re-debited by CC.
Which makes (if you did not tell CC) a technical rejection for non receipt, but also voiding the chargeback.

All you can do is sit back & wait & see what happens. 

I also feel I might add I am to have surgery within a few days, and will be immobile during convalescence.
I will be located at a friends address, not at home nor available for any future ‘possible’ delivery.

born_again

eggdog said:

born_again said:

eggdog said:

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

So did you tell CC that you had cancelled & requested a refund?

I can see this getting very messy. 
I can also see duty being payable. Making refusing delivery a dangerous route to go down, as it does not negate the duty still being payable & couriers charge for handling the collection of fee's. But given what they have said about goods on their way, they could be in the process of rejecting chargeback, which would see you re-debited by CC.
Which makes (if you did not tell CC) a technical rejection for non receipt, but also voiding the chargeback.

All you can do is sit back & wait & see what happens. 

I also feel I might add I am to have surgery within a few days, and will be immobile during convalescence.
I will be located at a friends address, not at home nor available for any future ‘possible’ delivery.

Sadly that will make no difference. As you can re-arange delivery.

sheramber

be aware They may leave it on the doorstep.  That seems to be customary these days.

Okell

eggdog said:

... I cited in my email to the Merchant  (taken from a consumer website

‘Under UK distance selling regulations, the goods must be delivered within the time specified.
If no delivery time period is specified, then the statutory time limit is 30 days for delivery.
The supplier may offer an alternative date for delivery, but you are under no obligation to accept, and can ask for a full refund’ ...

(1)   Out of curiosity, what "consumer website" did you get that from as I'm not sure it's right?

My understanding is that if there is no agreed timescale for delivery, then if the goods have not been delivered within 30 days after the contract has been entered into, you can specify an "appropriate" delivery period, and only if that delivery period is not met are you entitled to a refund.  You can't just claim a refund after 30 days.  You have to specify a delivery period first and the retailer must fail to deliver in that period.


(2)   @eggdog -  apologies if you've already said, but what do the seller's T&Cs say about when a contract is formed?

And when you contacted the seller in March to "cancel" the order, do you know whether or not a contract had been formed?

born_again

As it's not a UK company.
UK consumer rights do not apply anyway.

I know under Visa 15 days & Mastercard 30 days. Technically you have a non receipt chargeback (unless timescale given previously) Although retailer can contest & will most likely win saying they are awaiting stock or other reason.

Ectophile

born_again said:

As it's not a UK company.
UK consumer rights do not apply anyway.

I know under Visa 15 days & Mastercard 30 days. Technically you have a non receipt chargeback (unless timescale given previously) Although retailer can contest & will most likely win saying they are awaiting stock or other reason.

If they have a UK registered office, then it's a UK company, regardless of where they have a warehouse.