Mattress - apprently delivered to wrong address, whats my rights to request a new order

autonm

m0bov said:

Op how did you pay for it? I'd be sending an LBA now giving 7days to refund.

I paid via Lloyds Bank debit card.

Just got of the phone with them .. basically I bought via Benson Beds, but this mattress is via their supplier JAY-BE LTD. JAY-BE have a investigation claim in with Fedex.

I said my contract is with Benson Beds and its now been 7 days since delivery should have happened and 6 days since I notified Benson Beds that - even though I have a 'delivered notification' - I take not take delivery.

I asked Benson Beds if I could call the contract to an end and request a refund. I was told that I can not request a refund until Benson and FedEx can proof that the mattress was not delivered to me... I lost it at that point - asking if they think im sitting at home with a mattress and im trying to fraudeuntly claim a refund.

I said how longs a piece of string - and they would update me tomorrow with another call.

I said thats not good enough and I was given an 'email address' - to contact if I want to request a refund (even though i was told I cant get one) - or to look at my own side of a 'charge back'.... so Benson are not willingly going out of their way to give me a refund, seems like the onus is on me to jump through hoops if I want one.

If I do go through the process of a chargeback, how long does it take ? ... behind the scene's does the bank chase the money ? I presume if the mattress turns up and I have started a charge back claim - then I would just have to not take delivery of the mattress?

eskbanker

I think you have to wait at least a couple of weeks before initiating a chargeback for non-delivery, but can't find a definitive reference to that in a quick search....

born_again

autonm said:

I paid via Lloyds Bank debit card.

If I do go through the process of a chargeback, how long does it take ? ... behind the scene's does the bank chase the money ? I presume if the mattress turns up and I have started a charge back claim - then I would just have to not take delivery of the mattress?

Visa 15 days, Mastercard 30 days before starting non receipt.
But given there is proof of delivery (I know not to you) As far as card regulations go, all retailer has to do is prove delivery.
So would fully expect that it would be rejected, even if you could get Lloyds to take it on.

If they take it on, you get refunded & retailer has up to 45 days to reject. If they reject you get redebited.

If they do not reject & you keep the refund. They do still have the option of taking legal route to claim money back.

m0bov

Send an LBA now to start the 7 day countdown.

DullGreyGuy

m0bov said:

Send an LBA now to start the 7 day countdown.

7 days doesn't feel reasonable in the circumstances. No harm in getting the clock ticking but the time frame legally needs to be reasonable

savergrant

born_again said:

autonm said:

I paid via Lloyds Bank debit card.

If I do go through the process of a chargeback, how long does it take ? ... behind the scene's does the bank chase the money ? I presume if the mattress turns up and I have started a charge back claim - then I would just have to not take delivery of the mattress?

Visa 15 days, Mastercard 30 days before starting non receipt.
But given there is proof of delivery (I know not to you) As far as card regulations go, all retailer has to do is prove delivery.
So would fully expect that it would be rejected, even if you could get Lloyds to take it on.

If they take it on, you get refunded & retailer has up to 45 days to reject. If they reject you get redebited.

If they do not reject & you keep the refund. They do still have the option of taking legal route to claim money back.

I guess the question would be whether a typed name (copied from the address label) is sufficient proof of delivery? It's certainly unusual not to get a photo these days.

DullGreyGuy

savergrant said:

born_again said:

autonm said:

I paid via Lloyds Bank debit card.

If I do go through the process of a chargeback, how long does it take ? ... behind the scene's does the bank chase the money ? I presume if the mattress turns up and I have started a charge back claim - then I would just have to not take delivery of the mattress?

Visa 15 days, Mastercard 30 days before starting non receipt.
But given there is proof of delivery (I know not to you) As far as card regulations go, all retailer has to do is prove delivery.
So would fully expect that it would be rejected, even if you could get Lloyds to take it on.

If they take it on, you get refunded & retailer has up to 45 days to reject. If they reject you get redebited.

If they do not reject & you keep the refund. They do still have the option of taking legal route to claim money back.

I guess the question would be whether a typed name (copied from the address label) is sufficient proof of delivery? It's certainly unusual not to get a photo these days.

It's not a question, chargeback process is very crude/basic and designed to deal with the simplest disputes. Any form of delivery receipt is sufficient, even if there is no evidence to back it up. 

chargebacks are also not a legal resolution, there are many threads on here where someone won a chargeback only to get court papers appear a few days later.

Jellynailer

Can you get charge back if you pay with a debit card as the OP did? 

By the way,  I have looked at B & J sites = both companies pay Trustpilot = able to manipulate 5 star results.  Its worth looking at some 1 star posts - not many for J but scathing about bad customer service, quality of product, use of Fedex + delivery tp wrong address;  t&c for both = long & convoluted; some links for more information do not work;  J says guarantee copy will be provided when product delivered!  B says delivery date only an estimate.  Neither give information about mattress care.  All B says is the J mattress with integral topper will not need turning! 

How misleading is that?  

eskbanker

Jellynailer said:

Can you get charge back if you pay with a debit card as the OP did? 

Yes, unlike section 75, chargeback can be used after payment by credit or debit cards, assuming that there's a valid claim, which may not be the case here if there's some sort of proof of delivery, however flawed.

EssexHebridean

Information about mattress care isn’t really relevant to the OP who still doesn’t HAVE a mattress to turn (or not!) currently!