NBCS threatning to take me to court

jigglyguy23

I bought 4 items from house of fraser, but the package was empty so i decided to ask house of fraser for a refund. I started a conversation with them going back and forth saying i needed a refund since it is a lot of money (£250). That ended up taking too long so i went to my bank and raised a charge back. House of fraser responded saying we see you raised a chargeback and i should follow up with my bank. I have seen other post on here showing the same problem but they never show their end result. So far ive only recieved a email and responded that i can not afford the amount they are asking for which is 524.99 and that i havent done nothing wrong. I also messaged Fraser group saying i would like to stop being harrased. I dont want to be taken to court so can someone help me please on what to do.

Brie

sorry but if you were after a refund of about £250 from HoF why would a comletely different company now be threatening court action for more than twice that amount?

400ixl

So are you saying:

You order £250 of goods from HoF and the package arrived but was empty.
You requested a refund which they refused (presumedly because they had not had the goods back (which if they didn't arrive would be the case)
When you didn't get the refund you did a charge back and the bank put £250 back in your account

This means to HoF you now owe them over £500 (original goods+charge back).

There was always a good chance that HoF would dispute a charge back and would seek to reclaim their money. So they aren't harassing you as such, despite how much you may not like it or feel it unjust.

Was the package handed to you by the courier or left for on the doorstep? How did you report the missing items, as a failure to deliver is very different to asking for a refund and not returning goods. Did HoF initiate an investigation with their delivery partner?

You are going to need to engage with HoF to get the delivery issue resolved and to then agreeing there was a failure on their part in not delivering your items.

Maybe some more details of what happened and what you did with HoF after discovering the missing items will help people advise.

jigglyguy23

400ixl said:

So are you saying:

You order £250 of goods from HoF and the package arrived but was empty.
You requested a refund which they refused (presumedly because they had not had the goods back (which if they didn't arrive would be the case)
When you didn't get the refund you did a charge back and the bank put £250 back in your account

This means to HoF you now owe them over £500 (original goods+charge back).

There was always a good chance that HoF would dispute a charge back and would seek to reclaim their money. So they aren't harassing you as such, despite how much you may not like it or feel it unjust.

Was the package handed to you by the courier or left for on the doorstep? How did you report the missing items, as a failure to deliver is very different to asking for a refund and not returning goods. Did HoF initiate an investigation with their delivery partner?

You are going to need to engage with HoF to get the delivery issue resolved and to then agreeing there was a failure on their part in not delivering your items.

Maybe some more details of what happened and what you did with HoF after discovering the missing items will help people advise.

House of Fraser didnt really refuse the refund it was just in the process but was taking a very long time, because of that i decieded to raise a chargeback since i thought it  would be quicker. NBCS' email said  our member has suffered a loss totalling £574.99 im not sure if that is because of the chargeback and the refund. The parcel was left at the door without me answering it. I initially contacted HoF first then moved to my bank for a chargeback. Im pretty sure HoF did start an investigation but then said they would leave it with my bank since i raised a chargeback. If you have any advice please let me know

jigglyguy23

Brie said:

sorry but if you were after a refund of about £250 from HoF why would a comletely different company now be threatening court action for more than twice that amount?

Im pretty sure this company is with HoF and they said it was that amount because of the losses it caused to there members which i still do not understand.

Brie

jigglyguy23 said:

Brie said:

sorry but if you were after a refund of about £250 from HoF why would a comletely different company now be threatening court action for more than twice that amount?

Im pretty sure this company is with HoF and they said it was that amount because of the losses it caused to there members which i still do not understand.

well if you don't understand it I certainly wouldn't suggest you pay it to a company which may or may not have a connection to HoF.  And why the different amount?  Why should you pay charges/fees/whatever they have decided to add on?

born_again

https://home.nationalbusinesscrimesolution.com/

Given this is Frasers group formally known as Sports direct group. This does not surprise me. 

This is the issue with chargebacks, they are over & above your legal rights & have no legal standing. So retailer can simply not contest the chargeback & then go the legal route.
Although OP said was delivered "parcel was left at the door" I'm surprised that bank actioned it. As that was a slam dunk rejection for HOF with proof of delivery.

@400il
OP only owes HOF the cost of the goods as HOF never refunded them. So the only money owed is the amount OP was debited via their card payment. As that is all they have been refunded.

jigglyguy23

born_again said:

Given this is Frasers group formally known as Sports direct group. This does not surprise me. 

This is the issue with chargebacks, they are over & above your legal rights & have no legal standing. So retailer can simply not contest the chargeback & then go the legal route.
Although OP said was delivered "parcel was left at the door" I'm surprised that bank actioned it. As that was a slam dunk rejection for HOF with proof of delivery.

@400il
OP only owes HOF the cost of the goods as HOF never refunded them. So the only money owed is the amount OP was debited via their card payment. As that is all they have been refunded.

Do you think they’ll be taking me to court or taking further actions if I messaged them I’m not paying since I did no wrong ? Really stressed

Hoenir

jigglyguy23 said:

born_again said:

Given this is Frasers group formally known as Sports direct group. This does not surprise me. 

This is the issue with chargebacks, they are over & above your legal rights & have no legal standing. So retailer can simply not contest the chargeback & then go the legal route.
Although OP said was delivered "parcel was left at the door" I'm surprised that bank actioned it. As that was a slam dunk rejection for HOF with proof of delivery.

@400il
OP only owes HOF the cost of the goods as HOF never refunded them. So the only money owed is the amount OP was debited via their card payment. As that is all they have been refunded.

Do you think they’ll be taking me to court or taking further actions if I messaged them I’m not paying since I did no wrong ? Really stressed

You've taken a hard ball approach. So don't expect the other party to simply roll over. They'll pursue the matter legally if they believe that they've got a strong case. 

Ergates

jigglyguy23 said:

400ixl said:

So are you saying:

You order £250 of goods from HoF and the package arrived but was empty.
You requested a refund which they refused (presumedly because they had not had the goods back (which if they didn't arrive would be the case)
When you didn't get the refund you did a charge back and the bank put £250 back in your account

This means to HoF you now owe them over £500 (original goods+charge back).

There was always a good chance that HoF would dispute a charge back and would seek to reclaim their money. So they aren't harassing you as such, despite how much you may not like it or feel it unjust.

Was the package handed to you by the courier or left for on the doorstep? How did you report the missing items, as a failure to deliver is very different to asking for a refund and not returning goods. Did HoF initiate an investigation with their delivery partner?

You are going to need to engage with HoF to get the delivery issue resolved and to then agreeing there was a failure on their part in not delivering your items.

Maybe some more details of what happened and what you did with HoF after discovering the missing items will help people advise.

House of Fraser didnt really refuse the refund it was just in the process but was taking a very long time

Define "a very long time"  

the_lunatic_is_in_my_head

400ixl said:

This means to HoF you now owe them over £500 (original goods+charge back).

I don't understand this bit, either OP owes them the money or the oods, it can't be both?

OP risk is with the trader until physical possession, it doesn't matter how you got the refund, the only thing that matters is whether you did or didn't get the goods, if you didn't you don't owe them the money.

Small claims is balance of probability and if they make the claim burdern of proof is on them.

Are you saying the parcel was left on the door step and then taken by someone?

Hoenir said:

They'll pursue the matter legally if they believe that they've got a strong case. 

Or send scary letters and hope the other party folds.....